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HomeMy WebLinkAboutPLANNING MINUTES 2006-08-2923483 MINUTES OF THE 931'' PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 29, 2006, the City Planning Commission of the City of Livonia held its 931st 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 Carol A. Smiley Ian Wilshaw John Walsh Members absent: H Shane Messrs. Mark Taormina, Planning Director, and Ms. Marge Watson, 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 ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. Mr. Walsh: I'd also like to note at the beginning of this meeting, and we'll also have a few comments at the end, but the Commissioners are certainly welcome to speak. Tonight is Bob Alanskas' last night with us before he moves down south. Bob, I want to thank you for all your years of service to the City and to the Planning Commission. We will definitely miss you here. Mr. Alanskas: Thank you. We will miss everybody here loo. Mr. Morrow: It is my understanding Bob will be joining the Planning Commission in the community he is going to. Mr. Walsh: So they will be well served in the not too distanlfulure 23484 ITEM#1 PETITION 2006-07-01-05 PLANNING COMMISSION Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2006-07- 01-05, submitted by the City Planning Commission, pursuant to Council Resolution #325-06, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, requesting to rezone properly at 9400 Stonehouse Avenue, located on the east side of Stonehouse Avenue between West Chicago Boulevard and Minton Avenue in the Southeast % of Section 31 from RIF to PL. Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Engineering Division, dated July 11, 2006, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. The Engineering Division has no objections to the proposal at this time. The following corrected legal description should be used in connection with this petition." The letter is signed by James Zoumbaris, Superintendent of Public Service. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners? Seeing none, is there anybody in the audience that wishes to speak for or against this petition? Good evening. Diane McCarthy, 9349 Eastwind. Good evening. I live in the condomi niums that are to the north of this proposed property. We hadn't heard ... the proposal was public property ... does that mean there will be a potential streetighl? Does that mean Whispering Winds will have access because you mentioned that there's access from Stonehouse and from the other end, but you didn't mention Whispering Winds, because there are four condos that face that property that do not have a road in between. So this will directly impact those homes, and lighting and pathways is an issue because that means people where there has always been privacy. And so I'd just like a better understanding of what public means. Mr. Walsh: Mr. Taormina, do we have a site plan in the computer that we canshow? Mr. Taormina: Unfortunately, I do not. I will add this in response. The path, as it was shown conceptually and approved by the Parks and 23485 Recreation Commission, is located in the central portion of the site. The path will not be illuminated. It has no connection to the development to the north, the Whispering Winds condominiums. There was no lighting in connection with those improvements. It was intended that this would remain a passive park only at this time. The Parks and Recreation Commission will have to take up the issue of any additional improvements beyond those that have already been approved. What this body is considering this evening is the zoning classification of Public Land for this property. That would limit its use to only uses that are permitted within the PL category, and again, it reflects the current public ownership of that property. Ms. McCarthy: Okay. Will there be proposals once it is approved? Mr. Taormina: Those proposals will not be subject to a review by this body. That would be something that would be taken up by the Parks and Recreation Commission. Ms. McCarthy: Okay. Thank you. Mr. Walsh: We have somebody here. Good evening. Ma'am, would you like to speak? Eleanor Bussey, 9309 Newburgh. Just for a moment. My husband and I live on the property that lies directly to the east of the proposed change. I kind of echo my neighbor to the north in Whispering Winds because it's been very difficult to get information about exactly what this site is going to entail once it becomes a park, if that takes place. It's literally in our backyard, and we already have people that kind of cul through to go back in there anyway. And there's a question about the actual legal description that we're a little confused about in terms of how far back that's supposed to go between the two properties. Mr. Walsh: From north to south or from east to west in terms of the depth? Ms. Bussey: From east to west. Mr. Walsh: Okay. And then are you talking about the legal description that would lake it closer to Newburgh? Ms. Bussey Yes. Mr. Walsh: This map would roughly show the delineation line. Mark, do we have the actual legal description? 23486 Mr. Taormina: The legal description is provided for this property, but I'm not sure it would address this woman's concern relative to where the boundary is between her property and the park properly. That's something that would either have to be surveyed or maybe you could determine that from your own survey description of your properly. Ms. Bussey: The reason I'm asking is because I've look at this map on the City website, and it looks like it comes farther into our properly than we understand it to be from documents we have, deeds and whatnot, and our legal description. And we've had a hard time ... you know, we haven't been able to make a lot of these other meetings where this has been discussed. We don't know where the access is going to be either. Mr. Morrow: Ma'am, as the Planning Director indicated, it will remain a passive park and the interior will have just some foot paths with wood chips. There might be a bench or two in there, but as far as to the north and the east, I don't believe there will be any access to the north and the end of the woodchips would end long before it got to your property line. Ms. Bussey: Okay. Mr. Morrow: So there's no improvements other than putting in wood chips and maybe a bench or loo. The park has no development other than that scheduled. Ms. Bussey: Okay. Mr. Morrow: As the chairman said, should the Parks and Recreation Commission decide to make it an active park, which is very unlikely, they would have to go through this process. Mr. Walsh: Mr. Taormina? Mr. Taormina: Mr. Chairman, if I may direct those residents that have concerns relative to the improvements of this properly to our Planning Department, we would be happy to show them the plan that has been developed up to this point. Or they could go directly to the Parks and Recreation Commission for that information because I'm not sure when those improvements are scheduled. I think it was going to be concurrent with the development of the property to the south, but I apologize for not having the plans here this evening. But as Mr. Morrow has indicated, the general description is a path that extends from Stonehouse through the approximate center of the properly. I 2a 7 think it loops back and then there's a connection to the south, but that's pretty much it, and it's only a woodchip path. Ms. Bussey: Okay. Thank you. Mr. Walsh: We apologize that we don't have it here, but if you don't mind making an effort, they could certainly show you the exact plan. Seeing no one else coming forward, I will close the public hearing. A motion is in order. On a motion by Alanskas, seconded by LaPine, and unanimously adopted, it was #08-88-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Petition 2006-07-01-05, submitted by the City Planning Commission, pursuant to Council Resolution #325-06, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, requesting to rezone property at 9400 Stonehouse Avenue, located on the east side of Stonehouse Avenue between West Chicago Boulevard and Minton Avenue in the Southeast''/. of Section 31 from RUF to PL, the Planning Commission does hereby recommend to the City Council that Petition 2006-07-01- 05 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning is in accord with the current use of the properly as public open space and will provide for additional recreational opportunities in the area; 3. That the proposed change of zoning reflects the public ownership of the land; and 4. That tie proposed change of zoning is supported by the Livonia Parks and Recreation Commission which voted unanimously to have Park Site AA placed back on the Master School and Park Plan. 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. 23488 YI=I,4EibM:J=k iY Ile] 7 L'1111I--Dril!4 71719*9 11711=17YK Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-01-06, submitted by S & K Investments, Inc. LLC requesting to rezone property at 14801 and 14815 Farmington Road, located on the west side of Farmington Road between Lyndon Road and Five Mile Road in the Northeast'''/ of Section 21 from R-2 to C-1 and OS. 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. Taormina: There are several items of correspondence. The first letter is from the Engineering Division, dated August 14, 2006, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description is correct and no additional right-of-way is required. Detention facilities and the drive approach to Farmington road will require Wayne County approval." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Housing Commission, dated August 28, 2006, which reads as follows: "The Livonia Housing Commission and the residents of Silver Village are in receipt of your Notice of Public Hearing on the aboveaeferenced rezoning petition. The Commission has met with the residents and they have expressed a concern relative to the amount of landscaping adjacent to Silver Village and the site lighting for the property. The site is immediately adjacent to three residential buildings in Silver Village and the nature/use of the proposed G7 (Local Business) zoning does not appear to be compatible with the residential setting of the Silver Village housing community. Thank you for the opportunity to comment on the rezoning petition, and please call me should you wish to further discuss this matter." The letter is signed by James M. Inglis, Director. The third letter is from a resident of Silver Village, received by the Planning Commission on August 28, 2006, which reads as follows: "The residents of the Livonia senior housing complex (known as Silver Village) are concerned regarding rezoning on Farmington Road for office purposes under Petition 2006-07-01- 06. If all or any of the existing trees are removed, this will eliminate shading for us, as well as lights from incoming cars and autos shining into bedrooms and Irving moms in Buildings 7 and 8." The letter is signed by Josie Smith, President of the Silver Village Senior Club. The fourth letter is from the J.D. Dinan Co., dated August 23, 2006, which reads as follows: "In 23489 regards to the above petition, please let it go on record to say that J.D. Dinan Co. is not in favor of this rezoning. Our company owns numerous office complexes in the Livonia area. As a result of the climate of the real estate market these days, we have experienced a considerable decrease in the demand for leased office space. If you look around the city, you will see that we are inundated with office for lease' signs. Unfortunately, there is no indication that this situation is going to get better anytime soon. In addition, the real estate taxes would go up. It is our opinion that adding another office complex in the City of Livonia would be detrimental to the many property owners already trying to survive in this market" The letter is signed by Kim Paterson, Manager, Heritage Commons Office Center, LLC. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Ms. Smiley: Just for clarification, Mark, did you say that the Future Land Use for this is OS? There's no C-1 in there? Mr. Taormina: That is coned. Office is the land use category idenfified on the Future Land Use Plan. Mr. Walsh: Is the petitioner here this evening? Good evening, sir. Harry Kzirian, S & K Investments, Inc., 26675 Wembley Court, Farmington Hills, Michigan 48331. We think this area will be great for commercial, only the front part, because we have the Detroit Edison. Its almost impossible to make one building. That's why we'd like to put two buildings, one in the front, as you can see, and one in the back side. We have a very good connection with Kinko's. And we're thinking maybe pulling Kinko's in the front and a coffee shop or deli, something like that, that will help the area offices and businesses. Previously, I was successful to put two buildings in Livonia, one was commercial, Village Plaza, Five Mile and Newburgh. I put 15,000 square feet, and recently, a couple years ago, I put one on Newburgh Road, south of SchoolcraR. I think this is a great area for what we're proposing. Mr. Walsh: Okay. Thank you. Are there questions for the petitioner? Mr. Alanskas: See, the only thing is, if you look at our zoning map in the area, everything is OS. If we tried to put commercial in that area, it's what I would term as spot zoning. I just think it's a bad idea to do that. Thank you. Mr. Morrow: Sir, how long have you owned this property? 23490 Mr. Kzirian: We're in a land contract. We didn't even close on it yet. Mr. Morrow: The reason I ask the question is, you heard previously that they tried to rezone that commercial in the past and both this body and the Council turned it down. Were you aware of that? Mr. Kzirian: We heard about that. The only thing is, my objection would be, if we put Kinko's, that's similar to office. I would not even consider it commercial. I know we're asking for commercial, but ifwe put Kinko's, that's like office. Mr. Morrow: We have to go by what the Zoning Ordinance says. And as you can see, probably since that time, there's been a lot more office development to the north of that property. So it's pretty well locked in for office use only. Thank you. Mr. LaPine: You mentioned when you first made your presentation that one of the reasons that you want two buildings is something about the Edison lines? Mr. Kzirian: Yes. Mr. LaPine: I don't understand. Mr. Kzirian: There is a heavy Edison line right in between the two buildings, right where the dots are. We cannot put one big building. It's going to be divided. So that's why we're thinking of putting commercial in the front and office in the back. Mr. LaPine: I am, like other members of the Commission, opposed to commercial in this area. There's no commercial on the west side of Farmington Road from Lyndon to the cemetery. It just doesn't seem right now to start having some commercial in there. But the point I want to make to you, why couldn't you build ... if the property was rezoned to OS, which we think it should be, you could put two buildings there and split it so that you don't interfere with the overhead lines by putting parking maybe in the middle somehow. It isn't that you can't use the building if you don't get commercial. You have other allernaUves. Have you considered that? Mr. Kzirian: If it comes to it, we're going to have to. We're going to have to put an office building, but we wanted to put, like I said, Kinko's. I think because of the area, businesses, a lot of offices, I think thafs very suitable. Mr. LaPine: Lel me say I think you're absolutely right. I think it would be a good location for a Kinko's because of City Hall, the courthouse 23491 and things of that nature. There's a lot of attorneys there who would probably use the Kinko's, but this isn't the right location for it. I'm sorry. Mr. Alanskas: Just one thing I want you to understand. Like you say, you'd like to put Kinko's in there if it was commercial, but say they're only there three or four years and leave. Then you have a commercial properly there that you could put any other type of usage you'd want, and that would not be a good idea, I don't think. Thank you. Mr. Wilshaw: Obviously, what you're hearing tonight, and I certainly agree with the rest of the commissioners, that I don't think commercial is appropriate here. What I'd like to see is office. If you were to have an entire development of office, as Mr. LaPine mentioned, you could have a couple different office buildings there, maybe with some less intense usage of the property. The office building that you have on this conceptual plan appears to be about the size of all three buildings that are in the Centennial Plaza to the north of your development, and even the two that are proposed in the Centennial Plaza south combined. Would you consider perhaps two or three smaller, less intense usage of land office buildings? Does that seem like something you would be willing to propose? Mr. Kzirian: Yes. We're considering ... I mean if this doesn't go through, we're thinking of office condos, that type of thing. Mr. Wilshaw: Something that would blend in with the other office buildings that are on that side of the street? Mr. Kzirian: Right. I did some research. There's a big demand for small offices, like 1,200, 1,500 square feel. Mr. Wilshaw: Do you have any potenfial tenants for this conceptual office building at this point? Have you thought of what type of offices you would like in there? Mr. Kzirian: Not right now. No. Just the front part. We have a very good connection with Kinko's. We thought if that works, that will bring a lot of traffic and makes it easier to rent. Mr. Walsh: Are there any additional questions for the petifioner? All right. Thank you, sir. Mr. Kzirian: Thank you. Mr. Walsh: At this point, we're going to go to the audience. Is there anybody in the audience that wishes to speak for or against this petition? We'll dose with the petitioner having the opportunity to address any of the issues that have been raised. If you do wish to speak, would you please come forward to either of the microphones. And again, if you will, stale your name and address. I do remind everybody that what we have before us is a rezoning for this property. May Yomans, 33744 Lyndon. I reside at Silver Village. We have a very deep concern with any changes going on in there, especially during Spree time. We have people coming and they claim they're going to visit in the hospital back there, and they come trooping through. This year we had quite a few young people coming through carrying cartons of beer. And when we'd say something to them, they'd say, oh, they said we could come in from that office building over there. Something has got to be done. If a new building is coming in that they know they've got to put up some kind of barrier because its not safe. My son-in- law was there, and he almost was ready to deck one guy coming through there. It is a safely concern, as well as what we said about the trees coming down and car lights shining in the windows. I wouldn't be affected by that but I can see the people that would be. Mr. Walsh: Thank you. Is there anybody else in the audience wishing to speak on this item? Ladies and gentlemen, if you do wish to speak, it would be helpful if you could please come down even while somebody is at the microphone and queue up. If no one else is coming forward, I'm going to ask if the petitioner would like to speak again. Is there anything else to add? Mr. Morrow: Please correct me if I'm wrong. I think the sense that the petitioner has is that the option of a commercial zoning is probably not going to prevail. So I would say he has an opportunity tonight to willingly downgrade the G7 to office and that could probably go forward with an approving resolution. Should he maintain the commercial, it would probably go forward with a denying resolution. So I just offer that, Mr. Chairman, if I'm not off base and if the petitioner would like to consider it. Mr. Walsh: Sir, do you understand Mr. Morrow's points? Mr. Kzirian: Yes, I do. Mr. Walsh: Are you willing to have us consider an office only zoning? Okay. At this point, a resolution would be in order. 23493 On a motion by LaPine, seconded by Smiley, it was RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Petition 2006-07-01-06, submitted by S & K Investments, Inc. LLC, requesting to rezone properly at 14801 and 14815 Farmington Road, located on the west side of Farmington Road between Lyndon Road and Five Mile Road in the Northeast''/. of Section 21 from R-2 to G7 and OS, the Planning Commission does hereby recommend to the City Council that Petition 2006- 07-01-06 be denied for the following reasons: 1. That the proposed change of zoning would constitute a spot zone since it is not contiguous to a similar zoning district; 2. That the proposed change of zoning will be detrimental to and not in harmony with the zoning and land uses along Farmington Road in this area; 3. That the existing commercial zoning in proximity to the Farmington and Five Mile Road intersection adequately provide for commercial uses in this area; 4. That the proposed change of zoning will not provide for a comprehensive solution to future development of the subject property, as well as adjacent properties; 5. That the proposed change of zoning would lend to encourage future requests for similar zoning changes along the west side of Farmington Road in this area; and 6. That the proposed change of zoning is inconsistent with the Future Land Use Plan designation of office use for the subject 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: Is there any discussion? Mr. Morrow: Did the petitioner choose to go forward with the commercial? I couldn't hear the answer? Mr. Walsh: He said he would go forward with office only zoning if it was recommended tonight. 23494 Mr. Morrow: But we have a denying resolution with the office? Mr. Walsh: A denying resolution is on the existing petition, which is for commercial and office. Mr. Morrow: But do we have the opportunity for him to change that to office only? Mr. Walsh: That would be up to, at this point, an amendment to the motion. We could offer that. He has indicated that he would find that acceptable. Mr. Morrow: Could we go to the Planning Director? Mr. Taormina: Well, we do not have a prepared resolution for the approval of only an office. What the Planning Commission may consider this evening is a formal written request on the part of the petitioner to change his petition to office only and maybe include with that a revised conceptual plan if that is something that you would like to see before acting on this, and then table the item. As you know, we have 60 days to review this petition, and that can be extended at the petitioners request. So if he can agree to the tabling motion this evening, then that way you could take this matter up possibly with a revised petition. Mr. Morrow: Yes, my motive was only that because it had been denied in the past and really it's even got more office development along there. To have it denied at both levels, then you have to start the process again. So if this was something he would agree to, I'd be willing to offer a tabling resolution so he could come back to us with an office only, and then we could go forward with that. Mr. Walsh: And the petitioner has indicated that he would consider office only. The resolution on the table right now is a denial for the petition. Only a tabling resolution successfully adopted would slop that from moving forward, or ultimately the vole. Mr. Morrow: I would offer that tabling resolution. On a motion by Morrow, seconded by Wilshaw, and approved, it was #08-89-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Petition 2006-07-01-06, submitted by S & K Investments, Inc. LLC, requesting to rezone property at 14801 and 14815 Farmington Road, located on the west side of Farmington Road between Lyndon Road and Five Mile Road in the Northeast %of 23495 Section 21 from R-2 to C-1 and OS, the Planning Commission does hereby recommend that Petition 2006-07-01-06 be tabled to allow the petitioner to revise his plans for rezoning to OS only. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Wilshaw, LaPine, Smiley, Walsh NAYES: Alanskas ABSTAIN: None ABSENT: Shane Mr. Walsh: The motion passes. For the petitioner and for the ladies and gentlemen in the audience, what that means is that we've given him the opportunity to revise his request to office only, which is more palatable based on the comments that I heard from my colleagues this evening. The site plan issues that were raised in terms of lights intruding into the neighboring residences would be something that would come up if the rezoning is approved and then a site plan is presented. So, it is tabled for future consideration pending on some response from the petitioner as to what he wishes to do. Sir, what I would recommend you do is contact Mr. Taormina or a member of his staff and they will direct you at this point. Thank you. ITEM#3 PETITION 2006-07-0247 KATHLEEN McCARTY Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-02-17. submitted by Kathleen McCarty requesting waiver use approval to operate a real estate office at 15712 Farmington Road, on property located on the east side of Farmington Road between Rayburn Avenue and Broadmoor Court in the Southwest % of Section 15. Mr. Taormina presented a map showing the property under pefifion plus the exisfing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated July 31, 2006, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No additional right-of-way is required. The legal description for the project follows." The letter is signed by Robert J. Schron, P.E., City Engineer. The 23496 second letter is from the Livonia Fire & Rescue Division, dated July 13, 2006, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to operate a real estate office on the east side of Farmington Road between Raybum Avenue and Broadmoor Court in the Southwest X of Section 15. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated August 7, 2006, 2006, which reads as follows: "We have reviewed the plans in regards to the proposal for McCarty Real Estate Office located at 15700 Farmington Road. We have no objections or rec mmendabons to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated July 21, 2006, which reads as follows: "Pursuant to your request of July 11, 2006, the above - referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for Mr. Taormina? Mr. LaPine: Yes, Mr. Chairman, I have a question. Mr. Taormina, it isn't very often we see a proposal like this where we have an office building where one little area in the office building is going to be a waiver use. My question is, does that mean if they move out, anybody can move in there that needs a waiver permit as long as they meet the requirements of the Zoning Ordinance? Mr. Taormina: The waiver use applies only to real estate uses in that unit only. Thats cored. Mr. LaPine: If somebody wanted to go in there that needed a waiver use, they couldn't say, well, there's a waiver already there, even if they meet all the requirements. It only can be a real estate office. Is that correct? Mr. Taormina: That is correct. Mr. Walsh: Is the petitioner here this evening? If you could please step forward. Good evening. Kathleen McCarty, 15704 Farmington, Livonia, Michigan 48154. Hi. I'm the owner of Embassy Title Agency, which is next door to 15712 Farmington Road. I'm a little nervous. When I opened up my title company, I had planned on eventually having a real estate company or a mortgage company next door to me, and I have the opportunity to do so now. I think this would be a great asset 2aas7 to the City of Livonia. I'm doing very well in my business, so I think this would be a good thing. Mr. Walsh: Okay. Thank you. Are there any questions for Ms. McCarty? Mr. Wilshaw: Yes. Hi, Ms. McCarty. How many employees do you expect to have working in the real estate office? Ms. McCarty: Well, there should be six to start out. Mr. Wilshaw: Okay. Are these going to be realtors? Ms. McCarty: Yes. They are realtors that have been in the business for over 25 years. Mr. Wilshaw: Okay. Is this going to be a chain, like a large chain? Ms. McCarty: No. It will not. Mr. Wilshaw: Okay. You don't expect to get too much in the way of foot traffic coming in and out of this real estate office, do you? Ms. McCarty: No. Mr. Wilshaw: Most of the realtors work out of their homes or go to seller's homes. Ms. McCarty: Yes. Mr. Wilshaw: Okay. Very good. Thank you. Mr. Morrow: How many employees do you have? Ms. McCarty: Ihave seven. Mr. Morrow: You have seven. Do you do your closings in your office? Ms. McCarty: It's 50 percent. The real estate normally is in my office, but most of the refinances are out of the office. Mr. Morrow: Okay, but there are some customers coming in to close? Ms. McCarty: Yes. Mr. Morrow: Thank you. Mr. Walsh: Are there any additional questions? Okay, thank you, Ms. McCarty. 23498 Ms. McCarty: Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this pefifion? Seeing no one coming forward, I'm going to close the public hearing. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #08-00-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Pefifion 2006-07-02-17 submitted by Kathleen McCarty requesting waiver use approval to operate a real estate office at 15712 Farmington Road, on properly located on the east side of Farmington Road between Rayburn Avenue and Broadmoor Court in the Southwest % of Section 15, the Planning Commission does hereby recommend to the City Council that Pefifion 2006-07-02-17 be approved subject to the following condition: That only conforming signage is approved with this petition, and any addifiona I signage shall be submitted for review and approval by the Planning Commission and City Council; Subject to the preceding condifion, this pefifion 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 9.03 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 further discussion? Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolufion adopted. It will go on to City Council with an approving resolufion. 23499 Robert German, 30643 Munger, Livonia, Michigan 48154. I'm the owner of the building. My people do want to start operating real estate as soon as they can. I know that it takes a while for your approval to be sent to the City Council. I wonder if it would be appropriate for me to ask the Planning Commission to invoke the emergency clause and waive the wailing period? Mr. Walsh: We don't have an emergency clause, but is there any objection to waiving the seven day? Mr. Morrow: Do you have any insight as to the Council's agenda if this would do any good? Mr. Taormina: No, I'm not aware of how this would speed it up. It may or may not. I dont know. Mr. Morrow: Well, I know Mr. German is doing business a long time in Livonia and runs a good operation. So in the event that it may help, I will offer waiving the seven day period. On a motion by Morrow, seconded by Smiley, and adopted, it was #08491-2006 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2006-07-02-17 submitted by Kathleen McCarty requesting waiver use approval to operate a real estate office at 15712 Farmington Road, on property located on the east side of Farmington Road between Rayburn Avenue and Broadmoor Court in the Southwest %of Section 15. Mr. Walsh: Is there any discussion? Mr. La Pine: Yes, Mr. Chairman. I always thought the procedure was we wouldn't give seven day waivers unless we were beforehand so notified by the President of the Council. That's always been the procedure. For someone to walk in tonight and say they want the seven day waiver ... Mr. German, as Mr. Morrow has pointed out, has been around Livonia a long time and knows the procedures. I would think if he wanted the seven day waiver, he would have went to the City Council, Mr. McCann, and he would have to look up their schedule and see if you're going to get on the agenda. I mean, I wouldn't object to it, but I think we should follow procedures. 23500 Mr. Walsh: The requirement is capable of being waived by this body in the absence of communication from the Council, but the Council doesn't have to accept an accelerated scheduling. So it may pass tonight, Mr. German, but Mr. McCann is the only person who can be the arbiter of whether or not to accelerate your petition. Mr. Morrow: Yes, that was kind of the vein in which I offered it. We're not sure it will do any good but in the event that it does, it will be in place, but it may not happen. Mr. German: Okay. Mr. Walsh: Is there any further discussion? Seeing none, would the Secretary please call the roll? A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Smiley, Wilshaw, Walsh NAYES: Alanskas, LaPine ABSTAIN: None ABSENT: Shane 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#4 PETITION2006-07-0248 TCFBANK Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-02-18, submitted by TCF National Bank requesting waiver use approval to construct and operate a bank with drive -up service facilities at 13401 Middlebelt Road, on property located on the west side of Middlebelt Road between Schoolcratt Road and the CSX Railroad in the Northeast % of Section 26. 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. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated August 14, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description is correct except that there is an error in the second call as 23501 follows. Underground detention facilities are shown, which will require Wayne County approval, and the drive to Middlebelt Road will also require Wayne County approval." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated July 25, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a bank with a drive -up window on property 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 Division of Police, dated August 7, 2006, which reads as follows: We have reviewed the plans in regards to the proposal by TCF Bank located at 13401 Middlebelt This is a high traffic crash location. Rush hour traffic will create a vision obstruction for traffic exiting for northbound Middlebelt. Therefore we suggest a 'no left tum' sign for train exiting onto Middlebett Road. Traffic should be routed out to Industrial or to the driveway farther north." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 1, 2006, which reads as follows: "Pursuant to your request of July 18, 2006, the above - referenced petition has been reviewed. The following is noted. (1) No detail has been provided for signage review. The ground sign location is permitted. (2) We calculate the required parking as 24 spaces, not 26. (3) All parking spaces are to be double striped. 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: Are there any questions for the staff? Mr. La Pine: Yes, I have one question. Mark, you indicated that there is going to be a new drive at the west end of this properly. Is that the far west end because there's a drive there now. Mr. Taormina: Yes. Actually, if you look very closely at this drawing, there are two lines here that show the approximate location of the existing curb cul off Industrial Drive and which provides access to the site of the Derby Bar. And you can see that would be closed off, landscaping would go in its place, and the new driveway would be relocated about 85 feel to the west. Mr. La Pine: But that drive is already there. Mr. Taormina: No. This driveway does not exist. This would be a new curb cut to Industrial Drive. 23502 Mr. LaPine: You mean there's going to be two driveways there side by side? There's one there now. Mr. Taormina: I don't believe there is one. This is all grass. I'll show you the aerial photograph. I'll actually zoom in on the area and you'll be able to see exactly how that looks. If you look carefully, this is where that curb cul exists today. There is the footprint of tie Derby Bar. Mr. LaPine: I understand that. Mr. Taormina: There is a grassy area at the rear of the site, and the new driveway would be located approximately here. Mr. Morrow: There is one further to the west. Mr. Taormina: There is another driveway a little bit further to the west, which goes into the Wal-Mart property, but now there would be a new one here. This would be closed off and a new one added here. Mr. LaPine: Okay. How far will the new one be from the old one? Mr. Taormina: I believe its 85 feet. Mr. Walsh: Is the petitioner here this evening? Good evening, sir. Michael Rein, Bowers & Rein Associates, 2400 S. Huron Parkway, Ann Arbor, Michigan 48104. Good evening. I'm representing TCF this evening and answering any questions that the Planning Commission has. I'll just add one thing to Mark's presentation. If you're familiar with our Plymouth Road branch, it will be the same materials. The predominant color is the brownish red brick. The other brick is the accent. The soldier course is throughout the elevation. This is the split face block at the base, which is really mostly hidden by shrubs. This is the color of the columns in front facing Middlebell, and it's a green shingle roof. So in case the Commission had any questions about the actual materials, and then Mark asked us to prepare a perspective. This is if you were on Middlebelt Road looking into the center. This is what would be facing Middleblet Road. Mr. Walsh: Are there any questions for the petitioner? Mr. Wilshaw: Hello, Mr. Rein. I assume that your building hereon Middlebell will basically look the same as the one that's on Plymouth Road and some of the other TCF's branches that you have. 23503 Mr. Rein: Yes, that's our brand image now, and chats why I wanted to make sure that the Planning Commission understood its the same material, its the same presence, that we have on Plymouth Road. Mr. Wilshaw: Okay. It's an attractive looking building. I have no problems with the building as it looks right now. I do have a couple questions, however, regarding the traffic flow in and around your property. This is something that concerns me a bit. Right now, you have an ATM that on the site plan shows as being in the westerly lane, the furthest from the building. Would you be willing to consider moving that ATM up to the building itself like your Plymouth Road branch has? Mr. Rein: Yes, since that was constructed, TCF, in response to some of their customers, not complaints, I guess, but they weren't able to find the ATM in the first lane as easily as it being located on the outside. And also they noticed that most of the competition has put their kiosk or ATM on the outside. So this is their response to it. You're right, though. It is different than what is on Plymouth Road. Mark had apprised me of some concerns that were raised at the working session. If its something that is shared across the board, I'm certainly willing to take that back to TCF and say it was the desire of the Planning Commission that it come back into that first lane next to the nighttime security box. I couldn't eliminate that lane, but we could dedicate the inside lane again to ATM and nighttime deposit and have that a traditional drive-thru lane on that fourth lane. Mr. Wilshaw: Would you be willing to consider having it as a bypass lane, that farthest lane? Mr. Rein: I can move that kiosk where the ATM is, but in terms of the traffic and the volume, I couldn't make that a bypass. We really considered the bypass to be, if these cars were all here, really to be here. Mr. Wilshaw: Okay. Mr. Rein: But I could, if it's the Planning Commission's desire to move this in, I could do that, but I couldn't give up that lane in terms of consumertreffic. Mr. Wilshaw: It seems that night deposits and ATMs are sort of complementary services in the sense that they're short services and people tend to go to ATMs during the day, night deposits toward the evening. It seems like you could double up those two functions in at least the one lane, and it would give you 23504 some added security of having the ATM inside the building when you service it so you don't have someone having to go out to the farthest lane with bags full of money to fill @ up. Mr. Rein: And that certainly was the thought. Most of our branches are like that. It's been since the Plymouth Road branch was constructed and developed that they've changed the site plan or the modifications to account for people asking for it, but certainly there's a precedent wfthin the City of Livonia to bring that back in. Mr. Wilshaw: Okay. That's what I would like to see. I don't know about the other commissioners, but that's my thought. The other one is regarding the flow of traffic exiting those drive-thru lanes. You have the cars basically turning left from that drive-lhru lane going along the building, across the front of the building, through the parking lot and either out onto Middlebell or back around another loop to gel to Industrial Drive. You're mixing vehides and pedestrians quite a bit there by doing that. Obviously, it would be much safer for cars exiting your bank to turn onto Industrial Drive where they can then proceed to the light at Industrial and Middlebell to either tum left or right. It focuses traffic to a traffic light, which lends to be safer. And as we heard from the Police Department, this is a high crash area as it is. Is there a way that you can exit the traffic from that drive-lhru onto Industrial Drive without them having to go through your parking lot and do these loops? Mr. Rein: It is our opinion, no. Obviously before we even got to this stage, there were a lot of different layouts considered. One of the hard driving design rationales with drive-thru traffic is to keep it safe, to keep it accessible, and to really keep it simple. The fact of the matter, there's a couple of things that go on when people leave here. Often, they're still sorting through, putting things away in their wallet, putting the receipts away, counting their money, making sure their driver's license was returned. Yet, they're conscious of cars behind them, so they are leaving. We have found that the longer, within reason, that we have a queuing or a process for them to right themselves and to gel back to the idea that they're driving. The other consideration is when you have the four lanes trying to bring them down into a single exit point involves some greater awareness when you're bringing people down to a single point. Mark during his presentation mentioned an easement. We were only allowed one curb cut. When our engineers were talking to Wayne County people and some Livonia people, in both instances they wanted the curb cuts away from the intersection as far as possible. So we have a fairly narrow front, but this is the 23505 existing curb cul to the Derby and there's another one here. We closed one off, which is what Wayne County wanted us to do. We moved that over here. And then it was mised earlier, we moved this one a little further to the west. The circulation does come back in. There's a potential for pedestrian interference. The other fact of the matter is, there's a lot of traffic that comes through the drive thm and we've all been stuck behind them that can't gel their business done in the drive thm, and despite them trying to gel things done, a lot of the traffic has to come into the bank. And so this is an opportunity for them to not have to go through a circuitous route because there's a certain dollar amount that they cant go through the window. A person has to come in. There's just simply a lot of transactions that people try and do through drive-thru for the ease of it and they cant, so they have to come in. TCF took a long look at this. We've been looking at this site, as Mark can attest, for quite a few years. From a management standpoint and from an operational standpoint, TCF is very comfortable bringing people back in here. The suggestion from Public Safely about no left turn, having grown up in this area, that's a fine idea. We'd have no problem installing a "no left turn' sign with everything going on across the street with Costco and Meijer and the gas stations. We think that's a fine point. This is obviously going to be redeveloped. In a small site, .9 acres or thereabouts, we think we've done the best we can to manage the circulation for our potential customers, but we would move that ATM in. Mr. Wilshaw: It is a decent looking site plan. I just wish you could lake a lime better advantage of the Industrial Drive opportunity to funnel traffic in and out of your site. Its going to be difficult the way it's laid out. Mr. Rein: Not to interrupt, but the other thing we did look at was bringing everybody to the right, and that simply in such close proximity to people coming in or leaving, and particularly this lane, whether ft's an ATM or not, if this person is forced to come to the right, and you can't give them the option of going right or left, because invariably this person is going to lake a right and this person is going to take a left. So it has to be a one-way flow. We have separated the truck traffic. The only truck traffic we really have is for the dumpster and they'll be able to back up and get out this way. So we were conscious of minimizing the interference with our customers. Its in our best interest. But in this case, knowing through surveys and experience what people do when they're leaving here, this type of queuing and this length is not a bad idea. 23506 Mr. Wilshaw: I'm thinking of the DFCU financial branch up at Seven Mile and Newburgh. That has a nice traffic flow pattern that keeps the dine-thru traffic separate from the pedestrian traffic that's walking into the branch. Mr. Rein: I wish I had more room. Even the Plymouth Road site does it better, but with this site and the Derby Bar, we didn't have a lot of room. Mr. Wilshaw: Sure. Just out of curiosity, do you know what percentage on average of your business is drive-thru traffic versus walk-in traffic? Mr. Rein: I don't know the percentage, but you probably have all heard the ads. TCF does a lot of marketing and they go for extended hours during the day and seven days a week. Usually most of our branches are two or three. They wanted four because they really do market. They think their customers are looking for those extended hours and longer hours during the day and on weekends. Solheyvery much markelfor drive-thru. Mr. Wilshaw: It seems like you're going to have a fair amount of drive-lhru traffic here too. Mr. Rein: That's what our hope is. Mr.Wilshaw: Okay. Verygood. Thankyou. Mr. Morrow: Just for clarification, I'm looking at this color rendering that indicates TCF at Middlebelt Road and Industrial Drive. This particular one doesn't seem to match the plan because in looking at it, it says on this rendering, that lane one is ATM and nightdeposit. Mr. Rein: I'd like to say it was an anticipation of Mr. WiIshaw's request. I'd like to say that, but it was actually a mistake on our part. That shouldn't have said that. It was only suppose to say the night deposit, but we will be moving it in there and losing this kiosk. So it is partly true, but you're right. It was an error on our part. Mr. Morrow: So you are saying you're going to move the ATM along with the night deposit? Mr. Rein: Yes. Mr. Morrow: And there will also be a service window there? Mr. Rein: Correct. 2350] Mr. Morrow: Thank you. Mr. Rein: Well, no, I'm sorry. Just for clarification. Once we move the ATM over, that lane then becomes dedicated only to nighttime deposit and ATM. There won't be the old fashioned window that comes out of the wall. Mr. Morrow: That's what I thought. Mr. LaPine: Will you go to the Iasi board, the one you talked to Mr. Wilshaw about? I'm a little confused. On Middlebelt Road, the entrance on Middlebelt Road, so cars can enter off of Middlebelt Road. Now they want to go to the bank. They go up that road. They go into the drive-thru, right? Mr. Rein: Correct. Mr. LaPine: Now they get there and they find out they can't do their transaction there, so they come back going east and park over here. Now they leave there, and then they've got to go back out because they can't get out onto Middlebelt because they want to make a Teff hand turn. So they have to go all the way back out and then out to the road and then down to the road. It seems like a lot of driving to me. Mr. Rein: Its a very small site. Mr. LaPine: Yes, I understand. Mr. Rein: If we had more room, we might have laid it out differently, but in trying to meet the exterior landscape requirements, our own circulation, the size of the building. We also think that even though its circuitous, it is in everybody's best interest to come out to the light. Mr. LaPine: I agree with you 100 percent there. Did you ever consider moving the drive-thru over to the north side of the location? Mr. Rein: And rotate them this way? Mr. LaPine: That's right. Mr. Rein: Yes, the problem with that is, because of the stacking requirements, we become real close to Middlebelt, and then a lot of communities would rather not see the drive thm, and this way we're hiding it. 23508 Mr. La Pine: Okay. That makes sense. Mr. Alanskas: I have one question in regard to your banks being open on Sundays. Do you get a lot of business on a Sunday? Mr. Rein: We really do. It's surprising to me because we're also open Saturdays obviously and you have six days, but they absolutely do. It's not the full day, but it's six hours. Mr. Alanskas: That's quite a bit. Mr. Rein: Yeah. Mr. Alanskas: Okay. Thank you very much. Mr. Walsh: Are there any additional questions or comments? Okay. Thank you, sir. We appreciate your time. Is there anybody in the audience that wishes to speak for or against this petition? I'm Sony? Unidentified audience member: (inaudible) Mr. Walsh: No, the commentary is related to the item specifically. Unidentified audience member: I have a question. Mr. Walsh: All right. Sir, if you could step forward to the microphone. Unidentified audience member: I read in the paper today that the City of Livonia is going to contract with the City of Detroit and pay for a bus line extending into our city. Mr. Walsh: Okay, sir. That would not be anything this body is ... Unidentified audience member: When would I be able to address that or how or when? Mr. Walsh: What I would suggest to you is to contact Karen Szymula in the City Council office. Unidentified audience member: Karen? Mr. Walsh: Szymula. And she can let you know when they're meeting. I think there's an upcoming committee meeting at which they'll discuss it. That's a Council matter, not this body. Unidentified audience member: You don't have anything to do with that? 23509 Mr. Walsh: Not this body, no, sir. She can let you know when the committee meeting is going to be and also when it will be on for a study session and a vote. She can give you the full schedule. Unidentified audience member: Yeah, I thought it was tonight. Mr. Walsh: Do they have a committee meeting tonight? Mr. Taormina: I'm not aware of it. You'd have to check on the second floor or you could check with the officer out front. He or she will let you know if there's a meeting upstairs. Unidentified audience member: Okay. Mr. Walsh: Yes. Check with him. The Council has chambers on the second floor where they conduct their committee meetings. Unidentified audience member: I have a website concerning transportation and its called Savethefueltax.org if anyone is interested. I want to coordinate the different transit agencies to get more federal and state money. Mr. Walsh: Well, sir, I encourage you to . I'm not dismissing your suggestions. There's nothing we can do with them. Unidentified audience member: I know. I understand. Mr. Walsh: Your best betwould be to contactthe City Council. Unidentified audience member: I just want to educate the public. That's the purpose of my website. Okay. Thanks a lot. Mr. Walsh: Thank you. Is there anybody in the audience that wishes to speak for or against this item? Good evening. Sandi Bevak, Howard Schwartz Commercial Real Estate, 30054 Orchard Lake Road, Farmington Hills, MI 48334. Hi. I represent the owner of the adjacent Wal-Mart property. I have a question to clarify the site plan. Are those two entrances to the right going into the Wal-Mart property? Mr. Rein: They are simply proposed connections. We have no easements or anything. When we were dealing with the Planning Department and knew that this site was going to be redeveloped, we hoped as that plan moves forward ... because we think there's an economy of scale, but for right now, those are simply proposed. They will be green until we have a chance 23510 to work out a formal agreement whether it's with you or a successor. Ms. Bevak: Okay. Thank you. Mr. Walsh: Are there any additional comments from this audience on this item? Seeing no one coming forward, I'm going to close the public hearing. A motion is in order. On a motion by Smiley, seconded by Alansas, and unanimously adopted, it was #08-02-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Petition 2006-07-02-18 submitted by TCF National Bank requesting waiver use approval to construct and operate a bank with drive -up service facilities at 13401 Middlebelt Road, on properly located on the west side of Middlebell Road between Schoolcraft Road and the CSX Railroad in the Northeast % of Section 26, the Planning Commission does hereby recommend to the City Council that Petition 2006-07-02-18 be approved subject to the following conditions: 1. That the Site Plan marked Sheet SP1.00 prepared by Bowers & Rein, dated July 13, 2006, is hereby approved and shall be adhered to, except that the ATM shall be eliminated as a freestanding structure and be relocated to the inside ofthe building; 2. That the Landscape Plan marked Sheet LP1.00 prepared by Bowers & Rein, dated July 13, 2006, is hereby approved and shall be adhered to; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers shall be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Exterior Elevations Plan marked Sheet A5.00 prepared by Bowers & Rein, dated July 13, 2006, is hereby approved and shall be adhered to, except with the change as noted above in Condition No. 1; 6. That the brick used in the construction of the building shall be full -face 4 -inch brick, no exceptions; 23511 7. That the site's dumpsler enclosure shall be of masonry construction to match the building brick and shall have metal gates which, when not in use, shall be closed at all times; 8. That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 9. Thatall parking spaces shall be double striped; 10. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 11. That a NO LEFT TURN sign shall be installed for traffic exiting onto Middlebell Road in accordance with the suggestion contained in the correspondence dated August 7, 2006, from the Traffic Bureau of the Division of Police; 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits; and 13. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the dale of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void allhe expiration ofsaid period. Subjecllo 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. 23512 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. LaPine: Yes, Mr. Chairman. Mark, the Condition #5 where they talk about the "Exterior Elevations Plan marked Sheet A5.00 prepared by Bowers & Rein, dated July 13, 2006, is hereby approved and shall be adhered to," now that plan shows just the night deposit on the first lane. Shouldn't it be revised to show that the ATM is going to be in that area too? Mr. Taormina: Yes, and we can add a statement, "as revised above,' and then what I think you need to do is to make a note, probably on the site plan, Condition #1, clarifying where you want that ATM relocated, either to the lane dosest to the building or within the building itself. I'm not sure if you mentioned that. Ms. Smiley: No I didn't. Should we put "in the lane closest to the building?" Mr. Taormina: I would look for direction from either the architect or Mr. Wilshaw. Ms. Smiley: He already agreed to do that, right? Mr. Rein: Just as we did on Plymouth Road, it's inside the building. It's in that first lane. So that's what we would do here. Mr. Wilshaw: That sounds good. Ms. Smiley: Isn'tthat the way its shown on your preemptive strike? Mr. Rein: Yes. We're so clever. Ms. Smiley: You are. Mr. Walsh: So, Ms. Smiley, are you comfortable with that, and the support, Mr. Alanskas? Do you support that change? Ms. Smiley: Yes. Mr. Alanskas: Yes. Completely. Mr. Walsh: Mr. Rein, I'd like to thank you for your time tonight. I was unable to join my colleagues last week due to a family matter. I understand they discussed these issues at great, great length. I'm just hearing some of them for the first time. I appreciate 23513 your explanations, and I appreciate TCF's investment in our community. It is substantial. It's not just branches. It's an office building and we're glad to have you. Mr. Rein: We're excited to be here and I'm sure everybody has seen the corridor is coming along nicely. So we're night on schedule there. 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#5 PETITION 2006-07-0249 WOODHAVEN Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-02-19 submitted by Fusco, Shaffer & Pappas, Inc., on behalf of Woodhaven Retirement Community, requesting waiver use approval to construct an addition to the existing Woodhaven Retirement Community, at 29667 Wentworth, on property located on the south side of Wentworth Avenue, west of Middlebell in the Southeast % of Section 14. Mr. Taormina presented a map showing the property under petition and provided the following history of the site's development. In 1983, the site of the nursing home was rezoned to PS, Professional Services. That was later changed to OS, Office Services. It was in 1984- 85 when the site plan was approved and it was granted to the Apostolic Christian Church for the construction of a 66 -bed nursing home known as Woodhaven of Livonia. In 1986, the City Council approved changes to the original site plan, and then in 1993, the site plan was granted for the expansion of the facility, which consisted of two additions that totaled 5,000 square feel and increased the number of beds by 12, for a total of 78. In 1995, the Council approved a properly exchange involving the adjoining 2.7 acres of city -owned land, and then in 1997, site plan approval was granted for Woodpoinle of Livonia Senior Housing. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated August 2, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. No additional right -0f - way is required. The legal description for the waiver use follows. A detention area is required in accordance with Wayne 23514 County's Storm Water Management Ordinance or a waiver of this requirement is needed from the County based on the amount of increase in the impervious area." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated August 3, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct an addition to the existing Woodhaven Nursing Home on property located on the south side of Wentworth Avenue, west of Middlebelt, in the Southeast X of Section 14. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Inspection Department, dated August 11, 2006, which reads as follows: "Pursuant to your request of July 31, 2006, the above-referencodpetition has been reviewed. The following is noted. (1) There is no side yard setback requirement when abutting non-residential property (west property line). (2)An accessible passengerloading zone, property constructed and marked must be located at the main entry. At this Department's review, the accessible parking location and count will be reviewed. We would recommend that, if possible, one or two spaces be located at the front entrance (in addition to the required loading zone). (3) No signage has been reviewed. (4) The light pole bases are depicted at 27 feet high above grade. The Commission and/or Council may wish to address this proposed height. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. There is a letter from John and Kristine Penney, residents at 29750 Wentworth Avenue, dated August 27, 2006. I would read that letter at the Commission's request. Otherwise, I will indicate that it outlines a number of issues of concem by the Penney's and their objection to the proposal as submitted. Mr. Walsh: We all do have copies of that letter so we have that information with us this evening. Is that it for the correspondence? Mr. Taormina: Yes, it is. Mr. Walsh: Are there any questions for Mr. Taormina? Seeing none, then we will go the petitioner. Good evening. James Pappas, Fusco, Shaffer & Pappas, Inc., 28382 Franklin Road, Southfield, Michigan 48034. Good evening. Mr. Walsh: Mr. Pappas, if you have items to show us, I'm going to suggest you go over to the other podium. 23515 Mr. Pappas: I'd like to thank Mark, first, for a great explanation of the project. It was very organized and well done. What I would like to do is just follow up on that stating that we did meet with many of the neighbors from the surrounding community last Thursday in regard to this project. And if I could just maybe walk you through some of the presentation that we gave to them and some of their concerns and how we fell we addressed those. This is a little bit different view than you saw there with just the building of the surrounding area and our building to show some of the neighbors how the new building affected the residential in the surrounding area. We then provided a blow-up of that with Wentworth right here, north is up on the rendering as you can see. Some of the biggest concerns of the neighbors had to do with the trees along Wentworth. A Iittie bit about that. We did put together a plan of the trees in the area. As you can see, the building sets back 40 feet as required for the setback from the properly line at this point. It is our intention from the edge of the building out, we need to clear 20 feel of the area for construction and clear area needed for the windows for this type of a community. Beyond that 20 feel though, we are intending to leave all the existing trees and growth to the street. This is actually the property line. Wentworth, because of its location in the nghl-0f-way, it's a 60 -fool wide nghl-0f-way, but sits to the far north end of that nghl-of-way. So beyond the properly line, we have approximately an additional 30 feel of heavy growth in that area. After discussions and comments from the surrounding neighbors, I think the consensus was they'd like to see the heavy growth left there and not removed. We had proposed a scheme to them. This is the north elevation with the undergrowth taken out but the trees left in place that we're leaving on the site. There are some very mature trees in that location, more of a park -like setting. Again, their recommendation was that we leave the heavy undergrowth in. If you're familiar with the street, it's very dense in that area. So we agreed to do that. One of the other concerns of that, you can see on this drawing here, the trees to be removed are indicated in yellow, and those are all within that 20 fool area. The trees indicated in red, which are scattered throughout that area, are trees that are either dead or in very poor condition. There are approximately 20 of those, 18 of those 20 are Ash that have died and are in place. It is our intent to remove those that are on our property. When we remove those trees, we are going to disturb some of that undergrowth. There are seven dead trees that sit within that 20 fool area that we plan to keep and we did agree with the neighbors that we would provide seven evergreens back in those locations so that some growth would occur and mix with the deciduous trees in the area. One of the comments of the residents was, also you will notice there 23516 are several dead trees that are on public properly. They just requested that I request of you if the City could get those removed. I don't know if I'm in the right spot, but that was a suggestion that came up at the community meeting. There was concern about access off of Wentworth. There will be no vehicular access from Wentworth. There will be no pedestrian access from Wentworth as well. We did discuss with the contractors as well as the Board of Directors of the community and the administrator here tonight, construction traffic will come through the access drive. We will not cul a new access drive across from Wentworth. There was some concern about lighting because of the requirements by codes. We do have to gel walks from some of the exit doors along the north side of the building. We will have lighting at those exits as required by Code, but we do not plan to put any additional bollards or walk lighting to encourage pedestrian traffic at that location. It's specifically for emergency egress from those rooms. Another concern that did come up at the meeting as well is there appears to be a lot of traffic that may be coming to the community, may just be lost because it's a dead end road, but do come down to the end of the street, turn around at the end, and then leave. But what we did agree to, the sign for the Woodhaven community is in this location. Its an existing ground sign. As part of this design, we will look at the design of that sign to help improve signage and accessibility to the building as one of their suggestions for improving access into the site. One other area, there is, the very last home on the property, a turnaround has kind of been developed there. I don't know if by people driving on it, but some of this area has been cleared directly across the street from them. As part of that, there is a dead tree in that area. As part of some of those improvements is where a couple of those evergreens will go as well. So really, Mark made a great presentation on the overall design. Just trying to show you that we did meet with the community trying to have a compromise on many of their concerns and issues. I'll be happy to answer any additional questions you might have about the design. Mr. Walsh: Are there any questions for the pefilioner? Mr. Morrow? Mr. Morrow: Yes. Did I hear in the presentation that you are proposing light standards 27 feet in height? Mr. Pappas: That is what was shown in the parking area. If we need to reduce those to 20 feet, we have no problem with that. Mr. Morrow: We would like to reduce them per our ordinance. 2351] Mr. Pappas: Absolutely. That will be corrected. Mr. Morrow: Thank you. Mr. LaPine: I notice in your presentation, you indicated some trees that were on city -owned property that are dead, and I would assume they were all probably Ash trees. Mr. Pappas: There are 20 trees that are either dead or in very bad shape. Eighteen of those are Ash. I think one is a Willow and there's another species. Mr. LaPine: I would assume the department you would have to gel permission from would be the Forestry Department to lake those trees down. And I think they'd be more than happy to have the developer lake them down than at the city's expense. Would you say I was right in that? Mr. Taormina: I have no comment. Mr. LaPine: I think if you contact the Forestry Department, I think they'd be more than happy for you to take those dead trees down. Mr. Pappas: I'd be happy to do that. I'm just generally leery of doing work on public properties. Mr. LaPine: I would definitely get their permission. Mr. Alanskas: You said you were going to have evergreens. What type and how high would they be? Mr. Pappas: I imagine at planting, we're talking about a six to eight foot evergreen initially. I don't have the species. It would be one that the City recommends. Mr. Alanskas: Itwould not be a real small evergreen? Mr. Pappas: Typically, landscaping ... Mr. Alanskas: Starting at six feet. All right. Thank you. Mr. Wilshaw: Just about the landscaping. Obviously that's probably the greatest concern of the residents and of us to make sure that your development is properly screened. With these changes that you have on this map shown, do you believe that once these changes are complete, that for all intents and purposes the screening of the development will basically be the same as it 23518 currently is once you replace some of those dead trees and so on? Mr. Pappas: I can't say it's going to be similar because we are ... as you can see this area here, those are trees that we are removing. But we are in far excess of ... beyond the setback. We are not clearing any of that brush. We're leaving that 20 fool, and we are providing a total, from the edge of the street to the point that we will not clear of approximately 50 feel. Mr. Wilshaw: Okay. Mr. Pappas: And its pretty heavy brush in that area. Mr. Wilshaw: And do those green indications show where the evergreens are going to go? Mr. Pappas: Those greens are the existing mature trees that we're not disturbing. Mr. Wilshaw: I see. Does that map show where the evergreens are going to be placed? Mr. Pappas: It does not. The intent was ... where you see the red trees that we're removing, because it is very heavy brush, if we went in and planted evergreens, we would disturb the heavy brush that is there. You need probably a 10 fool by 10 foot area just to plant a tree today with the equipment. Our intent was that when the dead trees are removed, that area would be cleared just from the process of removing the dead tree. We're planning to go back into that same location, so we're trying to save as much ofthe underbrush as possible. Mr. Wilshaw: Okay. I believe that the idea, if you can, work with the Forestry Department, to remove the dead trees that are even on the city property, if that's possible, that would be a really nice gesture. Mr. Pappas: We can contact them and see if that's possible. Mr. Wilshaw: Great. Thank you. Mr. Alanskas: Just one question. You say there are dead trees on your property. How long have they been dead? I mean, why haven't they been removed before now that you want to have something done on the building? Mr. Pappas: Right now, it's just a heavily wooded area. You might not have noticed, but they're there. 23519 Mr. Alanskas: But I mean if they're dead, they should have been removed quite awhile ago. Mr. Pappas: They are Ash trees. You know the Ash disease has been around, what is it, about five, six years? Mr. Alanskas: Yes. Mr. Pappas: So it may have been that some of them may still be alive but in poor condition. Mr. Alanskas: But you're saying now they're dead. Mr. Pappas: They are dead now. I don't know how long they've been dead. Mr. Alanskas: What I'm saying is, I'm just concerned with how you're taking care of that properly where its a very wooded area on your side of the property. Mr. Pappas: Its in very similar condition to the surrounding properties to the west of us, which is the entire park property. As you walk out there, it's just a very natural wooded setting. Mr. Alanskas: All right. Thank you very much. Mr. Morrow: Yes, sir. Would you explain to me again the directional sign or the signage leading into the site? Mr. Pappas: The project signage occurs in this location. Mr. Morrow: Is that on the Middlebelt .... Mr. Pappas: It is not. Middlebelt is here. This is actually the access dive that comes in at this point off of Wentworth. Middlebelt is here and the signage is at this location. Mr. Morrow: Okay. So in other words, your intent would be to improve that directional sign there? Mr. Pappas: That is correct. Mr. Morrow: To preclude as much traffic that's trying to go in there from going further west on Wentworth? Mr. Pappas: Just to make it a little bit simpler to read and ... 23520 Mr. Morrow: Yes, I notice that if you're not paying attention, you can miss that drive pretty easy. Mr. Pappas: Yes. That was one of the suggestions of the board. Mr. Morrow: I just wanted to make sure I understood it because I can see where it will need a little help around there to get the people visiting that facility not to miss that tum. There's nothing you can do about somebody who is lost. Thank you. Mr. Walsh: Mr. Taormina, you had a comment? Mr. Taormina: Yes, I'm just going to show this partial north elevation. This is actually one of the entrance or exit doors that Mr. Pappas referred to on that side of the building that would face Wentworth. You'll notice the colonial -style wall sconces or light fixtures. I was just wondering Mr. Pappas if, because of the concerns regarding lighting, these might be modified to be a shielded light fixture instead. I know you're trying to match the design along the other portions of the building, but I'm just wondering if there might be a way of doing a better job of shielding the light. Mr. Pappas: Those could be shielded, but at our community meeting, we did indicate that we would try to get that light up underneath the canopy in a recessed doorway to provide for better screening. Mr. Taormina: Okay. So it may not be visible at all is what you're saying. Mr. Pappas: You're always going to see some light from a lit entry like that, but we're going to recess it up into the canopy. Mr. Taormina: So these would be moved up. Mr. Pappas: These will be eliminated. Mr. Taormina: I understand. Mr.Pappas: Yes. Mr. Morrow: Down lighting. Mr. Pappas: We do have to get adequate access light on the surface for exiting purposes by building code, but we can gel it up into that soffit. Mr. Taormina: Thank you. 23521 Mr. Wilshaw: On the Landscape Plan, the island that is towards the front entrance of your facility right near the porlecochere, there is an indication of a ground sign on that island? Mr. Pappas: There is a ground sign there currently just giving direction. As you access the site through the entry drive, there is just a directional sign for clarification between Woodpoinle and Woodhaven. Mr.Wilshaw: That was my quesfion. What does that sign say? Mr. Pappas: It's to tell you which way to go at that point for circulation. And as one of the comments for the additional loading area, we are expanding that loading area currently as indicated in the drop Off. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this pefition? John Penney, 29750 Wentworth. Good evening. I live at the house at the end of the street. First, I'd like to thank everyone who has attended tonight. We do have a lot of neighbor representatives from Wentworth. Wentworth is a relatively short street in this area consisting of 10 houses and we have good representation from the neighborhood. I'd like to point out a couple more points to the gentleman's presentation. I think the neighbors are unified that we are not in approval of this expansion. I did draft a letter and I'm glad that it did become part of the public record to voice some of my concerns. I have had in the last two days time to review some of the plans and I have drafted a second letter that I would like to either comment from or include into the public record if I may. Mr. Walsh: Yes, if you would comment from it and then pass it to Mr Taormina and we will enter that into the record as well. Mr. Penney: Okay. I have five points that I would like to make. There was an earlier petition in 1993 where the Woodhaven Retirement Community provided the city with a site plan that proposed two additions to their establishment. Those addifions at the time were a lot smaller in size and, in my opinion, a lot more agreeable and more in spirit with the rural setting of the neighborhood. I have included a couple copies of those plans. So the previous additions that didn't go forward are a lot better than the new one that is being proposed. Second point, the neighbors are unanimously opposed to this expansion. Yes, we met with the architects. Yes, we met with members of Woodhaven, but we are unanimously opposed to this petition. 23522 I'd like to describe what I think is a litlle bit of an oversight in the site plan. I did not see a light intensity plan or a illuminescent plot to prove that there will be no nuisances caused to the adjoining community by light coming out from their facility. So I'd like to have that included in the Site Plan. Third, I don't believe that the site plan adequately describes the required greenbelt of the northern edge of the property. This leads into my fourth point, which is that this site is zoned OS, and OS is typically used for eight hour a day operations five days a week. Since this is a nursing home, it is a 24/7 use. So therefore I'd like to increase the greenbelt area to the northern part of the property as a way of shielding the residences from this 24 hour a day operation that operates south of us. More trees are definitely needed on the site plan to provide the adequate shielding the greenbelt should provide. Fifth, I do not believe the HVAC system location was described on some of the site plans. I would just like to make a point that those need to be out of sight and that the neighbors cannot be affected by either noise or vibrations coming from those HVAC systems. That's a summary of my points, and I'd like to hand the letter over to you. Mr. Walsh: Thank you, Mr. Penney. I appreciate it. Good evening. James Persaini, 29620 Wentworth. Good evening. Hello everyone. Thank you John. He's a lot more articulate than I'm going to be. My name is James Persaini. This my wife, Terri. First of all, excuse me if I sound nervous and angry, because I am nervous and angry. I would just like to let you know that there's already paint lines on our street like they are ready to start tomorrow, like this is already approved and it's going ahead. That's just wrong. In my humble opinion, they do not care about our street or community. They care about their census or how many elderly people they can squeeze in and how much money they can make. On our little private residential street we all pay dearly for because it is beautiful and private. If this goes through, we'll be looking out of our front windows, understand that - out of our front windows every day at a brick wall and lights, 24/7, every single day. And I dont know if it was highlighted in Mr. Pappas' diagram there, but along the edge of it there's going to be a walkway. Along the edge of their property there's going to be a walkway. So that has to be lit all the time for the residents. How can that not invade our homes and privacy? It does nothing for the community or the surrounding area. I know times are tough all over, but sometimes you have to say no to corporate greed and takeover for the good of the community and the surrounding area. In closing, I thank everybody for listening to me and my stuttering and mumbling. But in closing, 23523 this lakes away from the beauty, and last but not least, it takes away from our property. Sincerely, James and Teri Persaini. Cindy Toth, 29724 Wentworth. I moved onto Wentworth over 10 years ago because of the beautiful vegetation. I invite all of you to come down the street sometime. It is really an incredible sight. People comment on it whenever they come down there. Its beautiful. You feel like you're up north. As a property taxpayer, I believe the Planning Commission should deny this resolution. I do not believe that Woodhaven has demonstrated that their expansion on the north side is compatible to and in harmony with the surrounding area. I question whether the petition has shown the need for expansion also and to the greenbelt that they agreed to keep 20 years ago when the land swap was taken. There is space on the other side of the building, which they originally planned on building on. We feel they have not kept their word to us through the years. I know that the addition with extra traffic and lighting will lower our property values and completely change the feel of our neighborhood. Who would want to pay premium dollars, like we paid for our homes, to face a building with trees in front of it and traffic 24 hours a day? I think you would agree it's totally a change of what we all bought into. Our privacy and our beautiful street will be destroyed. So I do request that you deny their resolution. Thank you. Louis Toth: I live with my wife, Cindy, at 29724 Wentworth. I just wanted to say that if the development could be redone where it's not encroaching so far into the greenbelt area that does exist there, it would be very beneficial. Thanks. Kristine Penney, 29750 Wentworth. I live with my husband in the house at the end of the street. Part of my job during the day, everyday, is to evaluate business cases and to write business cases. I do not believe that Woodhaven has presented a sound business case for spending $4 million dollars for just 10 additional beds. Now, as a resident of Wentworth, a new resident Wentworth, we paid an extreme premium to live in this beautiful neighborhood at the end of this beautiful street. And learning about the history of the struggles that the long-time residents of Wentworth has had with Woodhaven previously, part of me is a little skeptical and part of me wonders what's next. If they are asking to spend $4 million right now for just 10 beds, part of me is thinking that maybe they have an ace up their sleeve and that maybe this is just the start of something else. The current zoning of that area does allow for two story. Maybe that's the next step that they're planning to help earn back some of that $4 million. They are a nonprofit organization and they do not pay taxes on their property, at least not that I could find in my research on the City of Livonia 23524 website. We do pay property taxes on our properties and we don't mind because we love living in the City of Livonia. I was born in Livonia. I grew up in Livonia and I'm very pleased to be here and looking forward to raising my own family on Wentworth in this beautiful setting. That concerns me about my property value versus their property value. There has been mention of a path, and I'm not sure my fellow residents have adequately explained our fears of the past. We've already had some instances of residents wandering onto our street, which we have taken due care to return to the nursing home. And we're concerned that this path will look like a lovely place for an afternoon stroll, and if they start walking along this path, what's to slop them from coming on Wentworth? Not to say that's wrong, but we feel that maybe the path really isn't just an emergency exit path and the way that it kind of winds along the edge of the property, very scenic for an afternoon stroll, and that's part of the reason why they're taking down some of our beautiful trees that we look out on everyday. We would hope that maybe they could ... we aren't sure what the building code is, but possibly could they move that path in a little closer to the building if this addition really does need to go through, if the business case really is, in fad, there. Then they can leave some of the additional trees that are already in place. That would be an alternative but our true hope and desire is for you to reject their petition this evening. Thank you very much for allowing us to speak. John MacDonald, 29606 Wentworth. We feel that this is going to hurt the resale value of our houses. In addition to the building where the placement of their dumpsler and their loading area will be directly across from our houses. I'm not sure where they want to put the additional lighting. If they double stripe the parking, will that create a need for additional parking? That's all. Dana Knochel, 19343 S. Hampton Drive. I am a volunteer board member of Woodhaven Retirement Community, and we have studied long and hard this plan and have tried to lake many, many things into consideration and would simply ask for your support this evening. Thank you. Mark Wieland, 31324 Hillbrook. I'm a member of the building committee for this. I'm a Livonia resident. Again, I concur with Dana. I would appreciate any due consideration. I can assure you we, as a building committee, are trying to do everything in our power to address all the concerns of the residents. We're residents of the city loo and agree that they duly have to be considered. Thank you. 23525 Randall W. Gasser, 29667 Wentworth, Livonia, Michigan 48154. 1 am the Executive Director of the Woodhaven Retirement Community. Mr. Walsh: Let me interrupt you for just one moment. Are you going to speak as a resident or are you really here in your official capacity? Mr. Gasser: lam. Mr. Walsh: I'm going to ask you just to wail unfit I'm certain that we're done with our public hearing. Thank you. Is there anyone else wishing to speak for or against this pefifion item not affiliated with the organization because they will have the last word? If you've spoken already, sir, I'd really like to go to new comments. Mr. Persaini: Maybe I could make one quick comment? Mr. Walsh: Sure. Come on up. It won't be picked up on the microphone otherwise. You came here and wailed, so we'll certainly listen. Mr. Persaini: On his drawing, I really want to emphasize the pathway that they fail to bring up at all in their presentafion. That pathway, like I say, for safety . supposedly those exits are for emergency exits. By law, don't those have to be lit 24 hours a day? Mr. Walsh: That's our understanding for the emergency exit; they must be Id. Mr. Persaini: Okay. And along that pathway for residents' safety, would you not keep it lit? Mr. Walsh: When we gel to that point, that's one of the questions I have written down for them. What happens is, we lake in your comments and we'll ask some quesfions of the petitioner when you're sealed. So we hope to address that as we move forward. Raise your hand if we don't. Mr. Persaini: Okay. Martha MacDonald, 29606 Wentworth. I'm John's wife. A lot of things have been mentoned. The HVAC system, I believe, is what Mr. Penney was talking about when the generator kicks on when we lose power. It's very noisy. We gel to stay up all night and listen to their generator. I understand that they need air and lights to house the seniors and they shouldn't be without air or lights, but its very annoying. We live right across from where 23526 they would put the new proposed dumpster and we can pretty much tell you the time they come to dump the trash. It's every other day or so. If I'm wrong, then you can tell me. Sometimes they come as early 6:00, they come 7:30, they come 1:00 in the afternoon, all different times. If the dumpsler gels moved, it would be moved closer to my house. I will hear it more. We put up with lights in the parking lot on change of shift. Not only the lights, but the staff and the employees of that nursing home, unfortunately, blare their radios at limes. We do hear that even when we have the heal on in the winter. So if they move everything closer to us and lake away that greenbelt, we're going to be bothered more by the noise and the lights than we have to put up with now. I've never complained to Randy because he is my neighbor. I understand it's a facility that does run 24/7 so I've given them the benefit of the doubt that they have probably tried to keep everything down, but at limes it just does not work. So we do put up with a lot of noise and a lot of traffic from those people. Thank you. Mr. Walsh: Is there anybody else in the audience wishing to speak for or against this item? If not, then at this point I'm going to close the public hearing and go to the petitioner. Randy, you're on. This is your opportunity to address some of the points, and we'll certainly have some questions for you. Mr. Gasser: Absolutely. Thank you for the opportunity to address the group tonight. As I mentioned, I have been the Executive Director there since 1986. In September, I will have been there 20 years. We have tried through the years to address any need that's been risen by the neighbors. We have had, like the lady previous to me mentioned, very, very few complaints, if any, from the neighbors through the years. I wanted to address Jack's comments about the parlang lot striping. Two parking lot re -dos ago we went from single line striping to double line striping. So the last two go-arounds, we've already done double line striping, so that will not change. It's already in place. You can take a look at that. In terms of the HVAC units, those are intended to be totally hidden behind a mansard roof so they will not be on the ground and visible as you see in some developments. They will be totally masked behind there. Its not our intention to lake down any trees that are owned by anybody other than us. We feel that the green space we are maintaining is nearly double that which is required because of the way Wentworth is laid out, and I thank you for your time. Mr. Morrow: We heard one comment from I believe it was a lady relative to expansion in the future. She mentioned something about two 23527 stones. Is your development pretty well maxed out where you are now? Mr. Gasser: We have absolutely no plans for a two-story development anywhere on that side of the properly. And should that happen after I'm no longer there, there would need to be a public hearing and people would have the opportunity to debate that. We have never, in all of this planning process, even considered a two story development. It's never come up one time. Mr. Morrow: Mr. Chairman, through you to Mark. Mark, I think you said earlier what would be the largest beds they could have on that site as compared to what they're requesting now. Mr. Taormina: They are well below the density at this stage. They're at one bed for every 1,600 square feet of land area, and the OS district would permit a much higher density of one per 500 square feel. Technically, there would be the opportunity to continue the expansion of the facility. I'm not sure how the State enters into the approval process and whether or not there are other constraints posed on the site relative to parking and everything else, but there would still be some opportunity for expansion based on the density allowance. Mr. Morrow: That's what I wanted to know versus what he indicated. Thank you, Mr. Chairman Mr. Gasser: May I speak to that? Mr. Walsh: Yes. Mr. Gasser: The question came up with our meeting with the neighbors. We were compared to Henry Ford Village in Dearborn and they said what's to slop you from becoming a Henry Ford Village in Dearborn because that organization in about a year and a half time put up 1,000 apartments. And our response to that was, we have been on that site since 1986, and in 20 years time, we're proposing to be up to a total of 100. So when you compare 100 spaces over 20 years as compared to 1,000 in a year and a half, there really is no comparison to that. And we went on to expand that. We are an independent, standalone organization that was started by the Apostolic Christian Church and that is a 100 member congregation. We simply dont have the resources to do the major expansion that would be feared. Mr. LaPine: We heard a number of comments this evening about people saying traffic, seven days a week, 24 hours a day. I can't believe people are coming and going that much. Are we talking 23528 about a change in shifts or people coming in to visit people in the middle of the night? I'm confused about what they're talking about when they say that. Mr. Gasser: That's a fair question, and I think what they're making reference to is our traffic flow. It does shut down when people go to bed, which is anywhere between 800 and 1000 in the evening. However, there is a shift change at 11:00 at night, and there are a total of six people that work in that people. So there are six cars that come in at 1100 and six cars that leave at 11:00 at night. And then virtually there is no traffic until the next morning when about 600 in the morning, there would be those six people leaving. Those shifts are staggered. So some leave at 6:00 a.m., some leave at 7:00 a.m. Mr. LaPine: So that's what they're talking about, a change in shift. I thought they were talking about people coming in to visit people in the middle of the night, but that isn't the case. Mr. Gasser: That does not happen. Mr. LaPine: The second quesfion I have is, again, has to do with the traffic. There was an indication that the dumpslers are picked up at different limes. I believe our ordinance says you can't pick up anything before 6:00 in the morning. Isn't that the maximum? Mr. Taormina: I believe it's 7:00 in the morning. Mr. La Pine Can that be changed so that they don't do it loo early in the morning or loo Tale at night? Mr. Gasser: We will absolutely address that. The first we heard of that was Thursday night. Typically, Republic Waste come about 8:00 in the morning but if they're coming before that, which they said that is happening, we will talk to them about that, and they will be responsive, I believe. Mr. LaPine: Very good. Thank you very kindly. Mr. Wilshaw: Just a question about your future business plan. Do you have a growth plan slated out or do you have a business plan as to what the future holds for your development at this point? Mr. Gasser: We really don't. Our organization is a very conservative organization and we look at our business more as a ministry than as a real estate operation. And so, as I mentioned, we really don't have the deep pockets to be able to do a lot of development. What we need to do, we need to do it borrowing 23529 and we can only borrow so much. And I wanted to address the lady who felt like maybe we were spending loo much to do this, what we are calling a repositioning. We would love to spend less because everything we borrow has to be repaid, but we're actually incurring a lot of additional expense to do things that will be aesthetically pleasing, to do things in a way that will enhance the neighborhood. Mr. Wilshaw: Okay. Along that line, what insfigated this particular expansion of your facility? Was it a need to do this? Mr. Gasser: Absolutely. That's a fair question. Our building was built in 1986, and of our 80 beds, 76 of them are in shared rooms. And the current retiree is not interested in sharing a 200 square foot bedroom with somebody they're not related to. That was the case back in the 1980's, but we've become a much more private consumer and we value our privacy. So what we're planning to do is add on rooms so that we can create more privacy. We're actually adding on more than 10 rooms, and that's so we can lake some existing rooms and make them private. The reason we're adding the 10 rooms is we need that incremental revenue to pay back the debt, and that's what makes this financially feasible. Outside of that, we would have to raise our rales beyond what the consumer would want to pay, and I would invite any of you to compare our rates as a not -for -prof( to the other rales charged by facilities in Livonia, and you'll find that we provide access to people at more modest income levels which is consistent with our mission. Mr. Wilshaw: Okay. Very good. I appreciate that. My other question is perhaps more for Mr. Pappas. It's in regard to the walkway that we've heard some of the residents discuss. There is on the site plan an indication of a walkway that meanders through the wooded area on the north end of the property and connects to those two exit ways. Is this a walkway with a sole purpose to facilitate the emergency exit of residents? Mr. Pappas: That is correct. Mr. Walsh: Mr. Pappas, I'm going to ask you to move over because our cameras are set up and we don't have a lot of flexibility. Mr. Pappas: In regard to the walkway, we are required to have that walkway. The intent was to locale the walkway in the 20 fool that we have to clear adjacent to the building and not take it into the wooded area. 23530 Mr. Wilshaw: Okay. When I was on the site, which was a couple different limes, I did happen to see a number of residents, half a dozen or so, that were walking through the property, in the parking lot or the driveways, you know, out for a stroll, stretch their legs, and I think that's excellent that they are able to do that. I can see the residents' concern that this would be an attractive place to have as part of their walking route if it's accessible. Mr. Pappas: Can I address that? Mr. Wilshaw: Sure. Mr. Pappas: It is an attractive location and the residents of the building are neighbors within the community. However, the walk when it reaches the far west end, doesn't go anywhere but into the park. So it doesn't proceed past that point. It just connects to the exits that are located at the north end of the building. It doesn't wrap around the building so eventually it would dead end at the west end of the building. Mr. Wilshaw: On the east end, does it conned to the parking lot? Mr. Pappas: Yes, it does. Mr. Wilshaw: So a walker could go that way. Mr. Pappas: Absolutely. Mr. Wilshaw: Is there a possibility of moving that walkway closer to the building, to abut the building? Mr. Pappas: I prefer not to abut the building, but as I said, we are locating it in the 20 foot space that we need to clear anyway. There's 20 fool of clear space that I need to clear to construct the building to maintain the building, etc. So it's in that 20 fool space. Mr. Wilshaw: And you don't intend on having that walkway lit other than just the doorways? Mr. Pappas: The exit doors have to be lit by code and they have to provide adequate light out for a certain distance. The entire walk will not be lit. Its not required by Code and its not our intent. If possible, if the Board WII allow, if I could address a couple of the concerns of the neighbors I heard if that's acceptable. Mr. Walsh: Yes, please. 23531 Mr. Pappas: With regard to the smaller addition, as was mentioned several limes, we are only proposing a one-story building, not a two- story, which is allowed. We are well short of half the allowable density on this site at the current time with the additional beds. The HVAC units will be within the units. We're proposing a fan coil with a roof -mounted DX or condenser, so those will be hidden on the roof. The majority of the roof currently, as you may have noticed in the picture that was flashed up on the screen, is actually a flat roof. The new addition that we're proposing, that's all existing flat roof and those are units that you can effectively see from a distance. The proposed roof will have a mansard to give it the look of a hipped roof around the perimeter to screen that equipment. We did include some additional trees. There was a suggestion about pholometrics. I didn't see any requirement with it as part of this package. If exiting photometrics are desired, we can easily provide those at the Board's desire. We are shiffing the dumpster location slightly but the loading area and dumpsler location is in approximately the same location it is in now. As you can see on this blow up, the current dumpsler location is here. The current loading for the kitchen is this location. Kitchen loading will remain in that same location. The dumpsler is being located to this particular location with access from the building side. Again, the parking, we're in excess of parking required on this site as well. Just in conclusion, I think that we tried to be aware of the neighbors' concerns. We're not here looking for any variances on this site. We're not here maximizing the density as was mentioned by a big time developer. We're below the height, and we think it's an appropriate addifion to this building for the senior community. Thankyou. Mr. Morrow: One of the major concerns that I heard coming from the residents was the light that would be leaving your site into their living rooms across the street and into their homes. In looking at that area and the aerial I have here, it seems fairly dense. So can light actually escape through there across the street, or it is so dense it's ... Mr. Pappas: It may be fairly dense in the summertime, but it appears to me that the majority of that undergrowth is not evergreen type materials. Its deciduous. Truthfully, I would imagine in the wintertime that light would gel through that growth. In the summertime, I would question if it could. Mr. Morrow: Now would this construction add to that ability of the light to get through? 23532 Mr. Pappas: It will. Our building is closer to the property. It's no closer than the existing building at this location. This is just slightly off the setback at this location, but at this location, there is only one house. Mr. Morrow: Thank you. I wanted to get his input on that. Mr. Walsh: Are there any additional questions for the petitioner? Al this point then, a motion is in order. On a motion by La Pine, seconded by Smiley, and unanimously adopted, it was #08-03-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Petition 2006-07-02-19 submitted by Fusco, Shaffer & Pappas, Inc., on behalf of Woodhaven Retirement Community, requesting waiver use approval to construct an addition to the existing Woodhaven Retirement Community, at 29667 Wentworth, on properly located on the south side of Wentworth Avenue, west of Middlebelt in the Southeast % of Section 14, the Planning Commission does hereby recommend to the City Council that Petition 2006-07-02-19 be approved subject to the following conditions: 1. That the Site Plan marked Sheet C300 prepared by Nowak & Freus, dated July 25, 2006, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet L100 prepared by Allen Design, dated July 27, 2006, is hereby approved and shall be adhered to, except that the Petitioner shall plant additional trees along the north side of the property at the direction of the Planning and Inspection Departments to maintain a natural buffer between the development and the adjacent homes; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Exterior Elevations Plan marked Sheet A200 prepared by Fusco, Shaffer & Pappas, Inc., dated July 27, 2006, is hereby approved and shall be adhered to; 23533 6. That the brick used in the construction shall be fulkface 4 inch brick, no exceptions; 7. That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; B. Thal all parking spaces shall be double striped; 9. That the stipulations and recommendations of the Inspection Department regarding accessible parking location and count and the provision of a properly constructed and marked accessible passenger loading zone located at the main entry, as listed in the correspondence dated August 11, 2006, shall be incorporated into this approval; 10. That the site's dumpsler enclosure shall be of masonry construction to match the building brick and shall have metal gates which, when not in use, shall be closed at all times; 11. That no signs, either freestanding or wall mounted, are approved with this petition; 12. That any light fixtures along the north wall of the building shall be recessed and shielded; 13. That all roof -top mechanical equipment shall be shielded from view either by extending the height of the parapet wall or by installing a screen pre -approved by the Inspection Department; 14. That a staged tree clearing process shall be used in conjunction with city staff, so that the number of trees to be removed is minimized. Temporary barrier fencing shall be used to contain all construction equipment; 15. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 16. pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained and 23534 construction has commenced, this approval shall be null and void at the expiration of said period. Subjecllo 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 9.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; 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: If I might make a couple suggestions. Number one, relative to the wall -mounted light fixtures, that they be recessed along the north side of the building. Number two, that we include a condition relative to the screening of any roof mounted mechanical equipment. I believe that's shown on the plans, but if we could add that as a condition. Third, that we have a staged clearing process whereby the petitioner would work with the city and rough stake the construction prior to any tree clearing. The city would then work with the petitioner on establishing the precise clearing limits and removal of vegetation for the addition. And then lastly, that the petitioner will work with the city relative to the landscape plan and, in particular, the planting materials that would go on the north side so as to fill in any gaps that are created as a result of the clearing to help shield that area from the adjoining residences and maintain it in as natural a condition as possible. Mr. La Pine: Do you want these as additional points? Mr. Taormina: Yes. Mr. La Pine: I have no objection to that. Ms. Smiley: No objection. 23535 Mr. Walsh: The resolution then stands as amended Mr. Alanskas: I would just like to say to the petitioner, now these evergreens, you say they're going to be six feet high. You can buy evergreens 12 to 14 feet high. 1, as one commissioner, would like to see you put in higher evergreens to help shield on the north side, if possible. Mr. Morrow: I certainly welcome the additions that Mr. Taormina made because he's involving the city as far as where they can clear and also working with the petitioner to make sure that the light that would be leaving the site would be diminished as much as possible. Mr. Wilshaw: I also like those additions. I was going to propose that we did see some changes in the landscape here tonight, and I would like to make sure those were incorporated into the approving resolution and that the City Council gets a chance to review those. So I'm glad to see that's been added. This is a difficult situation in the sense that none of the residents are supportive of this, but I think that the petitioner has attempted to alleviate some of the concerns of the residents and I think they do have properly rights and certainly they do have a right to develop on their property, but they need to do so in such a way that it minimizes the impact on the residents and the neighbors and I think that they are attempting to do that. So I think I'm supportive of it at this point. 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 #6 PETITION 2006-06-03-01 LORI BARNES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-03-01, submitted by Lori Barnes, and pursuant to Council Resolution 334-06, requesting to vacate a six (6') fool wide utility easement for the purpose of installing a pool at 17417 Francavilla Drive, located on the west side of Francavilla Drive between Six Mile Road and Myron Drive in the Southeast''/. of Section 9. Mr. Taormina presented a map showing the property under petition. Mr. Walsh: Is there any correspondence? 23536 Mr. Taormina: There is one items of correspondence from the Engineering Division, dated July 16, 2006, address to the Honorable Members of the City Council, which reads as follows: "We are in receipt of Ms. Barnes letter of June 1, 2006, requesting the vacation of a 6 foot easement on her property. There are no City utilities in this easement and, from the City's standpoint, we have no objection to the vacation. We have noted, however, that the proposed mute for the Detroit Edison, SBC/AT&T and Bdghthouse lines encroaches on the Flood plain of the Beitz County Drain. Work in this area would require a permit fmm the Michigan Department of Environmental Quality, which could be a time consuming process. Ms. Barnes may want to consider altering her plans to avoid work in the Flood plain." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? It seems fairly straightforward. I think the petitioner has been wailing patiently behind the camera. Thank you for staying. Does anyone have any questions for him? Otherwise, I think we can proceed. Ms. Smiley: Didn't we establish at the study meeting that there wasn't any work on the flood plain? Mr. Taormina: Yes. What we determined is even if there was work within the flood plain, as long as he wasrit altering the grade, it wouldn't be a problem. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: I'd like to make an approving resolution if there's no other questions. Mr. Walsh: We'll go straight to that. Mr. Wilshaw: I think that there's certainly no involvement from the city in that we have no use for that easement. The petitioner is taking this action at great personal expense and time on his part, and if he can go through the whole process successfully and gel the pool that he wants to have in his backyard, then kudos to him. So we will start this process out by giving him an approving resolution. On a motion by Wilshaw, seconded by Morrow, and unanimously adopted, it was #08-04-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2006, on Petition 2006-06-03-01, submitted by Lori Barnes, and pursuant 2353] to Council Resolution 334-06, requesting to vacate a six (6') foot wide utility easement for the purpose of installing a pool at 17417 Fmncavilla Drive, located on the west side of Francavilla Drive between Six Mile Road and Myron Drive in the Southeast % of Section 9, the Planning Commission does hereby recommend to the City Council that Petition 2006-06-03-01 be approved, contingent upon and subject to the relocating of the affected public utility equipment presently occurring within the subject easement area, for the following reasons: 1. That the portion of the easement area proposed to be vacated can be more advantageously utilized by the properly owner if unencumbered by the easement; 2. That the portion of the easement area proposed to be vacated will no longer be needed once the existing utility equipment that extends through the subject easement area has been re-routed and moved further west into a new easement area that is to be recorded; 3. That the Engineering Division has no objection to the vacating ofthe six (6) fool wide easement; and 4. That no public utility company has objected to the proposed vacating. FURTHER RESOLVED, hal notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#7 APPROVAL OF MINUTES 929TH PUBLIC HEARINGS AND REGULAR MEETING Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 929"' Public Hearings and Regular Meeting held on July 25, 2006. On a motion by LaPine, seconded by Alaskas, and unanimously adopted, ilwas #08-05-2006 RESOLVED, that the Minutes of 929" Public Hearings and Regular Meeting held by the Planning Commission on July 25, 2005, are hereby approved. 23538 A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Alanskas, Morrow, Wilshaw, Smiley, Walsh NAYS: None ABSENT: Shane ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Walsh: Before we conclude, I wish to again note that this is the last meeting for Mr. Alanskas, and we do wish you the best. Mr. Alanskas: Thank you very much. Mr. LaPine: I've probably known Bob longer than anybody on this Board. We've worked together for many, many years on the Planning Commission, and we're close friends with the former Mayor Bennett. We worked together on the city's balls and elections and he is going to be missed, especially on the Planning Commission because I look to him for the landscaping. Bob, it's been a pleasure working with you all these years. I hope you have a great time down south and you have good weather. Mr. Alanskas: Thank you. I hope you all have a chance to come down and visit us. On a motion duly made, seconded and unanimously adopted, the 931s' Public Hearings and Regular Meeting held on August 29, 2006, was adjourned at 10:01 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman