Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1998-06-23 16190 MINUTES OF THE 766th REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 23, 1998, the City Planning Commission of the City of Livonia held its 766th Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James McCann Elaine Koons Robert Alanskas William LaPine* Michael Hale Members absent: Daniel Piercecchi Messrs.'s John Nagy, Planning Director, and Al Nowak, Planner IV, were also present. Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning or vacating request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request, or site plan approval, and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a request for preliminary plat approval. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Hale, Acting Secretary, announced that the first item on the agenda is Petition 98-3- 8-10 by Ronald Abraham, on behalf of Stables Bar, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a parking lot on property located at 14920 Middlbelt Road in the Northwest 1/4 of Section 24. Mr. McCann: This items have been discussed at length at prior meetings, therefore there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Mr. Nagy: There is no new correspondence since this item was tabled. Mr. McCann: Does the petitioner have anything to add? Mr. Abraham: No, Sir. 16191 Mrs. Koons: At our Study Meeting we discussed with Mr. Nagy and the staff that they were going to talk to you about putting in a brick wall. Mr. Abraham: I am looking into it. It is not out of the question. Mr. McCann: Sir, if we made a recommendation of approval to the City Council with the condition of the brick wall, we think it would dress up the area and clean up the area. Mr. Abraham: Explain to me what you want. Mr. Nagy: Your planting strip along the sidewalk area, in order to protect those shrubs, and also to better screen the cars, there should be a low wall about 30"high in back of those shrubs, both as a backdrop for the shrubs and to conceal the parking lot, parallel to Middlebelt, the full length of your planting strip along Middlebelt Road. At the corner where your area is widened, the wall would die into that raised area where your heavier planting is at the south corner of the property. Mr. Abraham: Not a problem. * 7:34 PM - Mr. LaPine arrived. Mr. Hale: What happens if some day you do acquire that barber shop and the adjacent parcel, what are you going to do with the parking? Would you extend it through? Mr. Abraham: I don't know. I have been trying to buy that barber shop for quite a few years. I would like to make it all parking. On a motion by Mrs. Koons, seconded by Mr. Alanskas and unanimously approved, it was #6-96-98 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 98-3-8-10 by Ronald Abraham, on behalf of Stables Bar, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a parking lot on property located at 14920 Middlebelt Road in the Northwest 1/4 of Section 24 be approved subject to the following conditions: 1) That the Site Plan marked Sheet 51 prepared by R.A. Zischke Architect, as received by the Planning Commission on March 25, 1998 is hereby approved and shall be adhered to; r.. 16192 2) That the Landscape Plan marked Sheet LS 1 prepared by R.A. Zischke Architect, as received by the Planning Commission on March 25, 1998 is hereby approved and shall be adhered to, except for the fact that a two and one-half(2-1/2) foot decorative brick wall shall be installed behind the landscaping along Middlebelt Road; 3) That the brick used in the construction of the decorative wall shall be full face four inch brick, no exceptions; 4) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5) 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. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Hale, Acting Secretary, announced the next item on the agenda is Petition 98-5-8-19 by Gator Construction, Inc. on behalf of Alpha Baptist Church, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a recreational building on property located at 28051 West Chicago Road in the Southeast 1/4 of Section 36. On a motion by Mr. Alanskas, supported by Mrs. Koons and unanimously approved, it was #6-97-98 RESOLVED, that Petition 98-5-8-19 by Gator Construction, Inc. on behalf of Alpha Baptist Church, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a recreational building on property located at 28051 West Chicago Road in the Southeast 1/4 of Section 36 be taken from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Nagy: There is no new correspondence on this petition. Robert Scott Kaye, Gator Construction& Design, LL., petitioner. The reason we were tabled at the last meeting to take a survey and completely redesign this structure to reflect more on the residential surroundings. I think we have done a good job in accommodating with that. Mr. Alanskas: If you got approval, when would you start building that? 16193 Mr. Kaye: We would like to start this year and start building as soon as possible. I would say the project has a three to four month duration. Mr. Alanskas: Have you had any problem with graffiti on the walls of the church? If you have only four feet of brick, well they seem to not want to touch brick. Mr. Kaye: I would like to direct that question to Mr. Mike Shepherd here from the church. Mike Shepherd, 31334 Roslyn, Garden City, Michigan: No, we haven't had any problems at all with graffiti on the buildings. There is a big, white wall on the south side and we have never had any problems. Mrs. Koons: Mr. Kaye, in our meeting last week, we talked about having more of an overhang in your roof and possibly putting more windows in the back, and I see in your notes that you are willing to consider that. Mr. Kaye: Yes, the overhang is not an economic issue. The soffit that protrudes in what appears to be the first floor area has a two foot extension. I believe on your plans we call for a 16 inch extension soffitt on the overhang for the main roof structure and we will agree to equal that to match the one on the bottom. As far as the windows in the rear, it is something that is desired by the applicant, but he is proceeding cautiously in that area because of the intensity level of children we have playing in the rear and the screening it imposes on the property. We had some reservations because of the children playing back there and the integrity of the windows and their getting damaged by rocks and broken. So that is a concern that we've talked about since we had the staff comments. How do we protect the investment and possibly protect from breaking and entering. Mrs. Koons: How high off the ground are those windows? Mr. Kaye: We have two sections of windows proposed by the elevations. We have windows up high which are clear windows which would let some light into gymnasium. We have some lower windows that would light the locker rooms and areas that are around grade. I believe those are around four foot six. I think the windows on the second floor have a sill height of fourteen foot six. Mrs. Koons: Are you concerned about the 14' windows? Mr. Kaye: I guess they could both be broken. The windows on the ground level would be easier to replace, but the same concerns are with both windows. 16194 Mr. Alanskas: Didn't we on the church on Newburgh and Five Mile Road put"phony" windows in? They weren't real windows, they were to dress up one side of that building. Couldn't we do that here? Mr. Nagy: I believe so, yes. Mr. Kaye: If you were to make that motion, we would like the option to consider either going ahead and putting the full vision glass in, or putting in a false window and I would like to have some time to discuss that with my client. If it is a security issue, I think they would like to make that decision. Mr. Alanskas: We would just like to break the starkness of that wall. Mr. LaPine: Your new proposal is a lot better than the first one. This is primarily a gymnasium. Is it also a multi purpose room? Mr. Kaye: I believe it has other intended uses besides a gymnasium. Mr. LaPine: I am also curious about the four classrooms. What are they used for? My concern is that you are separated from the church and this sets on its own, so something else must be going on in there. Mr. Shepherd: Some of the activities we have take place in the bigger room and then are split up into smaller groups and put into the classrooms. For example, on Wednesday nights we have a pioneer program for the kids. We meet altogether at the beginning of the program and then we split up and we like to have a smaller area to separate them. Mr. LaPine: Are you going to have a day care center or anything like that here? Mr. Shepherd: No. On a motion by Mr. Alanskas, supported by Mr. Hale and unanimously approved, it was #6-98-98 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 98-5-8-19 by Gator Construction, Inc. on behalf of Alpha Baptist Church, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a recreational building on property located at 28051 West Chicago Road in the Southeast 1/4 of Section 36 be approved subject to the following conditions: 1) That the Site Plan marked Sheet 51 prepared by The Foresta Group, as received by the Planning Commission on June 12, 1998 is hereby approved and shall be adhered to; 2) That all parking spaces shall be 10'x20' and doubled striped; 16195 3) That the Landscape Plan marked Sheet L1 prepared by The Foresta Group, as received by the Planning Commission on June 12, 1998 is hereby approved and shall be adhered to; 4) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5) That underground sprinklers are to be provided for all landscaped and yard areas immediately adjacent to the new facility and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6) That the Exterior Building Elevation Plan marked Sheet Al prepared by The Foresta Group, as received by the Planning Commission on June 12, 1998 is hereby approved and shall be adhered to; 7) That the brick used in the construction of the building shall be full face 4 inch brick, no exceptions; 8) That the petitioner shall meet to the Department of Public Works Engineering Division's satisfaction the following requirement as outlined in the correspondence dated May 27, 1998: - that a ire hydrant shall be located on the southwest corner of the new facility's parking lot 9) That the petitioner shall meet to the Department of Public Safety Livonia Fire & Rescue's satisfaction the following requirement as outlined in the correspondence dated June 1, 1998: -that the entrance drive be posted on both sides as "No Parking" or"Fire Lane,No Parking" 10) The overhang on the upper roof shall match the overhang as shown on the lower roof projection; 11) That there shall be three sets of windows added to the east elevation at the 20' level. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: The motion passes. You will go on to the City Council with an approving resolution. 16196 Mr. Hale, Acting Secretary, announced that the next item on the agenda is Sign Permit Application and Landscape Plan in connection with Petition 98-1-8-2 which received site plan approval to construct two office buildings on property located at 19400 Victor Parkway in the North 1/2 of Section 6. Mr. McCann: I have a letter from Jack Kirksey, Mayor of Livonia that he requested be read into the record: Dear Planning Commissioners: Prior commitments preclude my attendance at tonight's Planning Commission meeting. I am especially interested in Petition 98-1-8-2. I have met with members of the Villa's Homeowners Association and they have shared their concerns relative to the development of the property south of the Villas's. I have visited the development site several times. I support their primary concern of relocating the service drive that is proposed directly behind the south side of their homes. The proposed location will compromise their quality of life. I strongly support a relocation of the service drive that would be less intrusive. Sincerely, Jack E. Kirksey, Mayor. John, do we have any other correspondence? Mr. Nagy: There is no other correspondence. Robert Yurk, Ghafari Associates, Inc., 17101 Michigan Avenue, Dearborn, Michigan: The plan was presented in detail at the last Planning Commission meeting. The majority of the plan is intact as was presented previously. We have made some revisions at the east end of the site with some addition of understory trees and shrub planting materials to try and get a mixture along Victor Parkway. I do have the landscape architect who is working with us, and I would like to have him address the specifics of that. John Krueger, Hansen Krueger Partnership: At the last meeting we had a planting of strictly canopy trees along Victor Parkway and it was suggested that we get more variety to make it more like a botanical garden there. We have added understory trees. They are medium height trees. The varieties are Amelanchier, Redbud, Flowering Dogwood; basically native-type plants. For the ground plant we have added some rather large shrub beds: Redstem Dogwood, Witch Hazel, Inkberry, Fragrant Sumac, Arrowwood, Viburnum Plicatum. Again basically native-type plants and plants that will grow to 8' to 10' in height and equal in spread. Mr. LaPine: Could you describe how the retention basin is going to be? Mr. Krueger: We do have a section through the retention basin. We are trying to have a permanent pond of water with a water jet display in it. It will be at low water detention and the detention is up above that, about 5' of detention when it rains. The back wall of the basin would be Michigan field stone. It is not a vertical wall, more of a cobble type slope. Behind that is fairly 16197 dense evergreen planting. We have evergreen trees in 2' and 3' staggered rows 15' apart. Mr. LaPine: When you say a floating fountain, I am not sure what that means. Mr. Krueger: Basically it floats because the water level varies. If you get a small rain, the detention basin will rise. This floating fountain is similar to the ones you see in golf course ponds. They are made with all different types of water effects, but basically the fountain unit floats when the water level rises, the fountain will rise. Victor Drive slopes down to the detention basin, the fieldstone wall behind it, going up towards the parking area and then the screening that we have between the basin and the parking area with the evergreen trees, flowering trees in front and canopy trees behind that. Mr. Alanskas: On the northern entrance there, have you added more trees since our last meeting? Mr. Krueger: I believe since the last meeting this has not changed in this area. We did add trees since our concept drawing. I couldn't tell you the overall percentage of landscaping, but we've added 7 evergreen trees, 5 canopy trees and 4 flowering trees in that area. Mr. Alanskas: What kind of trees and what height are they in the corner? Mr. Krueger: We are putting in White Pine and Austrian Pine and those are 10' high. We are putting in Red Maples and White Oaks, 3" caliber, 16' to 20' tall. Mr. LaPine: Are you saying in the upper northwest corner you have added trees? Our original plan shows 16 trees. Mr. Krueger: No. The additional plants on the plant list are from the service drive down to this drive (showing the landscape plan). Mr. Alanskas: I came by there before the meeting and I noticed that you did take down those piles of wood chips that the neighbors complained about. I see two are gone, but tonight you have one big one taller than the first two. Of course it's further away from the neighbors, but it is still the same problem. Is there a reason you can't make them short and more of them? Mr. Yurk: I have talked to the contractor. Our company is not the one doing the work out there. I have also talked with the petitioner. In an attempt to try and get them to keep the wood chips down and to keep the disturbance down as much as possible. 16198 Mr. Alanskas: I think you better talk to them again because I was there at 7:00 and they were still doing this. It is intrusive. Mr. Yurk: I understand. Mr. LaPine: The last time we discussed this, I had a concern about the parking lot. To me it looks like a shopping center parking lot. I went through Valassis twice last week. Is there any way we can get more landscaping inside that parking lot to break up this sea of asphalt? What you are showing here is 12 trees and that's a good sized parking lot. Maybe you could get some spots to plant flowers to break up that starkness of the parking lot. Mr. Yurk: Our original plan that was approved in site plan review had one line of islands that ran the continuous length of the parking lot to break it up in a north-south direction. We also have the change in elevation between the parking lots. That change varies from 3' to 6' and then bermed 2' above this area to try and shield the parking as you see it from Victor Parkway. As part of the landscape concept, with the canopy trees that are placed along Victor Parkway, in an effort to reduce the rigidness of the plan, the islands were grouped together instead of being one island that is 10'x40'. Every other one was grouped with another island to create islands that are 20'x40' making them larger and allowing us to establish larger, more significant islands with more plantings. We certainly could go back to where we have the islands down through the center. There would be more ..• of them, they would be smaller though. We would not be able to establish as large of groupings of landscaping. Mr. Alanskas: I am sure you heard the Mayor's concerns about the driveway towards the neighbors, and I know we discussed this before. Is there any way you can take that drive and put it on the other side of the building? Mr. Yurk: I had a conversation with Mr. Nagy earlier today and he indicated that the Mayor had sent some correspondence related to that, so we haven't had a lot of time to look at it. It is something that I am not sure about. We have some issues relating to the grading and the retention in this area. Also, on the previously approved site plan, this area was designated to be a fire lane by the Fire Department and it allows direct access into the site directly to the buildings. If we were to relocate the drive to the south, it would put the two drives extremely close together and also create a circuitous route for any fire trucks accessing the site. Mr. Alanskas: How close together would they be? Mr. Yurk: The two driveways would be approximately 200' apart. 16199 Mr. Alanskas: That's not very close in my estimation. That's a possibility if we could take that traffic from the neighbors, if at all feasible, it would make v.. everyone happy. Mr. McCann: I will expand a little on Mr. Alanskas' question. If you did move the driveway a little south of the pond, couldn't the pond be a little more oval in shape to give you a little more room to bring the driveways north? By making it oval, it would give you another 50'-60' and that would give you about 300' of separation. Mr. Yurk: That is a possibility. We would have to look at it from an engineering point of view. There is a required capacity that was dictated to us by the overall development of the park that was done originally. Mr. McCann: My concern was if you move the drive south, would you still be required, because of the building design, to put the drive behind the building for loading and shipping? Mr. Yurk: Yes. There is a requirement that we have a fire lane on all four sides of the building. I am sure that's a preference of the Fire Department, as well as related to the building code and the size of the buildings that we are constructing. Mr. McCann: Did you take a look at any other possibilities, such as a larger berm on the �` north side of the drive? Mr. Yurk: That possibility would exist within the buffer area. What is commonly referred to as the 100' buffer and gets wider as it goes west, we were allowed to bring that drive right up to the buffer line. In an effort to minimize the disturbance to that buffer area, we have the road 10' outside that line which allows us to construct the road and regrade only up to that line so that we can stay fully outside of that buffer area which puts us 110' off the property line. Mr. McCann: Can you show me on the plan? Mr. Yurk: This plan shows the Villa's condominium area. The first unit some 55' from Victor Parkway, and going back to the last building here. Mr. McCann: You have a berm at the front end of this property, correct? Mr. Yurk: No, there is no berm currently as part of the plan. Mr. McCann: You say there is 10' north of your road. Mr. Yurk: That is correct. 16200 Mr. McCann: One of the other concerns that I have is that if you are going to have shipping, I assume the rear entrance is just for garbage. Your containers are in the back? Mr. Yurk: Yes. There are trash compactors behind each building. The buildings are for professional office use. There are no restaurants or food service, so there won't be any refuse like that in the compactors. Mr. McCann: I assume office deliveries would be from the back, or would they be from the front? Mr. Yurk: They could be made from either side. Both sides are open for that use. Mr. McCann: The other concern I had was limiting the time for deliveries and trash pickup until 7:00 or 8:00 in the morning and nothing on the weekend. Mr. Yurk: I believe that was discussed as part of site plan review. I don't remember the specifics. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? Nancy Gaston, 38685 Jahn Drive: I am the head of the Livonia Hills Subdivision association. My home backs up to probably where the dumpsters are going to be. While searching for a piece of information in the public hearing minutes of 1986 with David Johnson and other city officials, I found it was like reading a time capsule buried for about twelve years. This is a statement made by Mr. Tangora: The owner, Mr. Johnson, of Victor International, will retain complete control. He will keep control of the landscaping, architectural, etc. He is known as a quality developer. The type of products he builds in the metropolitan area are quality products. He is not going to be selling offparcels of land. He will present a master plan and will adhere to such plan. I would like to know what happened to this plan. It seems like it was kind of chiseled in stone at one time. I am very familiar with Dave Johnson's work, his concept and development. He is a man to be admired. In no way do I believe the handling of this piece of property in any way equals one of his goals. I would like to know who is responsible for letting this company come in and plow down the property the way it was. It destroyed years of natural growth. It doesn't suit the site that was designed to be put into the Victor Master Plan. The day before the dozer started his work, there were three men in the woods behind my home. They were brought to my attention by a cracking sound coming from their direction. When I approached them, they were at the back of my yard. One was holding a machete-type instrument swinging at every tree and sapling within his reach. When I 16201 asked what they were doing there, their answer was "I don't know". I asked if they were surveying and they said "I don't know". I asked if they were looking for survey markers and the answer was still "I don't know". I said I would like to talk to somebody who did know and they radioed for the supervisor who after ten minutes did not show up. You have professional people dealing with you and coming to your offices and explaining what you have. What we have is a bunch of"I don't knows". We have bulldozers that are working from early morning until nightfall. Now I have footage between my property and the building site backed up, not that in any way is their major damage down, but the cushioning of the noise barrier is a little weaker. I would also like to know about the cleanup of the debris on this footage. There is a lot of downed and rotted trees including trash that has been there for many years. What attempt is going to be made for a buffer zone? One hundred feet is nothing, absolutely nothing. This gentleman talked about a driveway being too close at 200 feet. I would like to have you people come and walk through the backyards of Livonia Hills Sub, through the church and through the Villa's and you will see exactly how close that road is in our backyard. The leaves on the trees are probably only there for five months of the year. Seven months they will be barren and it will be extremely noisy. That also brings up the problem of lights. We have a row of security lights from the Target store across the expressway. On a misty day, our whole backyard is lit up from those lights. Lights from this building, twenty feet up, will just cause problems, not to just the homes that are backing up to it, but also going into the subdivision. The way the ingress and egress is designed tells me that no consideration has been attempted to any of the concerns of the homeowners or residents. We have found it shocking and unsightly in what they have destroyed. Then to have a roadway back up into the so-called buffer footage, is not responsible and in no way any relief How many parking spaces are supposed to be available for this? Mr. McCann: I know they are very close to being what the City requires. Mr. Nagy: The total spaces required is 1,566 including 32 which will be barrier-free spaces. The parking provided for building #1 totals 844, and for building #2 totals 734, for a grand total of 1,578 parking spaces. Ms. Gaston: And that's how many cars going one way into that lot, and that is not including going back out. That's not including if they are making office runs or if they are going out for lunch or any other thing. That is nothing but a highway. It is like Eight Mile Road. The traffic from Victor was enough in consideration twelve years ago at the City meeting. Lanes on Seven and Eight Mile Roads have been widened as said. The traffic on the five lanes on Seven and Eight Mile are horrendous and Victor is not even near completion. This was supposed to be widened for the traffic in the Victor complex. Can you imagine what will happen and what it will be 16202 like when this whole area is completed with the offices and a restaurant. I wanted to find out too what are the business hours? Are there any set hours or will we have to come back because of businesses or a fitness center that may want to go in and can't keep with the 9:00-5:00 hours that they others are keeping in the area. I think that is a very important issue. Whether the driveway is behind our homes or not is having the noise and everything filter back to our subdivision. What kind of privacy do we expect to have? Window placement is important in a tall structure. Has that been taken into consideration as far as the impact of the windows onto the people that are in the Villas or in our subdivision? I have already been in buildings on different floors to see what can be seen, and looking down you can see an awful lot. In the back of my home I have three bedrooms, a bathroom, a kitchen and my backyard. That is open for viewing by anybody in the building. I believe there are city policies relating to proposed changes that will not adversely affect the area. The way all of this has been set up seems to adversely affect the area, the homes and the residents. In our subdivision for the last three years, the people have been hooked up to City water and we have some serious problems with the water pressure. Is this building going to be hooked up to our water line? Mr. McCann: I'm trying to give you as much time as I can, but we normally limit it to three minutes. Ms. Gaston: I'm speaking for people who will not be speaking here. Mr. McCann: That's fine and I am going to give you as much time as you need, but I do want to remind you that we are at the landscape plan stage. Ms. Gaston: This is going to be part of the landscaping because of the stuff that is going to be pouring off as far as water lines. I wanted to find out if we are going to be hooked up with them as far as the water, or if they are going to have their own separate water lines. I would like to find out what kind of pressure that they are going to be having. The problem that we are all going to face with the project has everything to do with the value of our largest investment which is our homes. The biggest drawback with the sale of homes in our subdivision is the noise. We really don't need anything else to make our homes unsaleable because of the noise causing the problem and us not being able to get a realistic price. This is not the feelings of just me. These are other people's concerns in the sub. I have no contact with the people in the Villa's. Daniel Gaston: That was my wife. I just wanted to reiterate a few things, but one of the things I found to be interesting was that over the eighteen years that I have been there, they said they would never develop that property and unfortunately it is being developed. My concerns are that leaving the location of the building, putting it in my backyard versus taking that 16203 building and swinging it so that it has exposure to 275. From an architect's standpoint, and to take that building, swing it around and change those plans, you are talking a drop in the bucket as far as the financial end of that business. If they were to look at that plot plan and say we want to put a building up and we went through from an eight story and we finally conceded to let professional office come in. At that elevation we were under the impression that they would put in something that would be away from. I would think the facility would be moved away from the backyard of my residence, but I think it is also interesting that after they took all the trees down that they could install and do so much for the Victor Parkway residents that drive down there to the Villas. They are trying to appease them by giving them a few shrubs. I think it is a mere drop in the bucket. If they went out and took that building and moved it another 50' to 60' southward and put up some pines and deciduous trees. The road I understand has to be there for purposes of the fire protection, but when they took down the woods, they left me open to the point where you have a clear vision in a lot of the areas all the way through and you get a lot of that light filtering from all the other adjacent neighbors. I can see as far as Seven Mile Road from the illumination of the Mexican restaurant and Lone Star restaurant. We also see lighting on the other side of the expressway. If they are going to build a building, they are going to build it and we are not going to stop it. Flip the building, put it where it belongs, expose it to the 275 people that are driving to and from work, but don't give it to me where I have to sit and look at it every day for the rest of the time that I am there. Put pine trees up, put a berm up, when I proposed the question to the man that laid out that floor plan, why didn't you put the landscaping into my backyard into that area, he said you have the greenbelt. There is no undergrowth. It obviously doesn't get any sunlight or exposure so you have saplings. You don't have any barrier at all and I am concerned about the winter time. You need to do some landscaping consideration and if you are going to vote on this petition tonight, I would suggest that you say no and make the developer go back that has the money now and do what he is supposed to do. Robert Currier, 38144 Vista Drive South: I am a member of the Board of Directors of the Villa's Condominium Association. During the Planning Commission meeting of May 9, a number of the residents of the Villa's used the opportunity to express their concerns, dismay and disappointment to the City and the developer. Perhaps they will also use this opportunity to do the same again. From my perspective in two cases out of the two, we are not going to get it back in. I would like to rely upon you to interact with the developer to lessen the impact, both short term and long term on the residents of the Villa's and on the physical area surrounding the Villa's. We have 42 homes, detached condominiums, with an aggregate value approaching $11 million. On Monday four members of the Board of Directors met with John Nagy and Mayor Jack Kirksey. We presented a 16204 list of concerns that were raised by the membership of the Villa's Condominium Association at our annual meeting of June 17. Those concerns were presented to the Mayor and Mr. Nagy and copies were requested to be forwarded to you and members of the City Council. These concerns are real and in many cases understated. I would like to address what we believe would lessen the impact on the Villa's. I am not going to go through the list of concerns. I did not hear that they have been entered into the record and I would appreciate it if they are entered into the record. Mr. McCann: For the record, each one of us received a copy of this. If you would like to read it into the record, you are more than welcome to do so. Mr. Currier: This is a letter dated June 22, 1998 to Mayor Jack Kirksey, members of the City Planning Commission and members of the City Council. At the annual meeting of the Villas Homeowners Association, held June 17, 1998, the subject of the office development project located to the immediate South of the homeowners property and on the West side of Victor Parkway, was extensively discussed. Many concerns were expressed by the homeowners present. These concerns include: 1) The devastation of the forestry and property involved. Trees estimated to be over 100 years old were removed in a two day rampage. 2) The lack of consideration on behalf of the developer and contractors with construction machinery beginning their work as early as 6:30 a.m. and continuing until after 6:00 p.m. 3) The now lack of privacy for homeowners situated on the South side of Vista Drive. 4) The amount of debris, dust, dirt that has been generated on the homes, decks, and windows of the homeowners on the South side. Many of these homes have recently been painted and the Association will incur additional expense to power clean these homes or in some cases re-paint the homes effected, at great expense to the Association. (The expense for 8 homes was $13,000.) 5) The `feeding frenzy" of local real estate agents anticipating that many homeowners would be so disgusted with the construction, that the time would be right for encouraging a sale at reduced costs. (No one in their right mind would buy a house now on the South side of Vista Drive.) 6) The fear of the homeowners that the "mess" created by the construction project would significantly reduce home value or interest in purchasing for those homeowners that choose to sell. 7) The concern of"South" side homeowners that their additional$10,000 investment to secure a home that "backed up to a wooded lot" would not be realized if faced with a service road and parking lot in their back yard. 8) The anticipation that the construction process would not be held to reasonable hours, with construction vehicles arriving before 8 a.m. and continue until after 5:00 in the evening which is the time the neighbors 16205 return home after work and begin to enjoy their deck and privacy. Because the construction site is within 100 feet of the homeowners property, the above are serious concerns and must be responded to by the developer either directly or with attention to the design, engineering and landscaping of the project. Addressing the concerns that relate to destruction of the natural landscape,privacy, and preserving property value, The Villas Homeowners Association respectfully request the support and assistance of Mayor Jack Kirksey, the City of Livonia Planning Commission, and the Members of the City Council in securing a commitment from the developer to comply with the following: (The most important concern is:) 1) RELOCATING THE NORTH SERVICE DRIVEWAY TO THE SOUTH SIDE OF THE PROPOSED RETENTION POND. Note: The current design has the service driveway directly behind the south side homes. The noise, dust, and traffic of this design are not conducive to peaceful living that you, as well as The Villas homeowners, expect to enjoy when they are at home. 2) CONSTR UCT A 10 FOOT BERM TO BORDER THE EASEMENT TO BUFFER THE CONSTRUCTION OF THE OFFICE DEVELOPMENT FROM THE VILLAS PROPERTY. 10 FOOT BERM TO BE CONSTRUCTED PRIOR TO THE START OF CONSTRUCTION. 3) THE BERM TO BE LANDSCAPED WITH 10 FOOT SPRUCE AND PINE TREES STAGGERED TO BLOCK ALL OPENINGS THAT WOULD MAKE THE CONSTRUCTION SITE VISIBLE. A" 4) THE BERM TO BE FULLY SODDED TO PREVENT EROSION. 5) THE BERM TO BE LANDSCAPED WITH SMALL BUSHES AND PLANTS WHICH WILL GIVE ITA "NATURAL FOREST" LOOK SIMILAR TO THE FOREST THAT WAS DESTROYED. 6) THE BERM TO BE IRRIGATED WITH DRAINAGE TO PREVENT FLOODING ONTO VILLAS PROPERTY. (Another concern is that the retention pond might leach into the basements of the homes located on the South side of our development). 7) MINIMUM LENGTH OF THE BERM WOULD EXTEND ALONG OPEN AREA ON EASEMENT. 8) THE BERM TO BE MAINTAINED AND MANICURED BY THE DEVELOPER DURING CONSTRUCTION OR PROPERTY OWNER AFTER CONSTRUCTION. 9) ADDITIONAL SPRUCE AND PINE TREES WITHIN THE EASEMENT BETWEEN THE VILLAS AND THE NEW BERM. THIS WILL REPLENISH THE FOREST LANDSCAPING THAT WAS DESTROYED BY THE DEVELOPER.. 10) IF THE ABOVE CHANGES RESULT INA VARIANCE IN THE NUMBER OF PARKING SPACES REQUIRED FOR THE OFFICE COMPLEX WE REQUEST THAT THE MEMBERS OF THE PLANNING COMMISSION APPROVE THE VARIANCE. 16206 Compliance with the above will work toward restoring the property destroyed and enhancing the property value of the homeowners, the City of Livonia and the Victor Drive Office Park. We look forward to the *" continued support of our City Leaders and thank you for your consideration. Sincerely, The Villas Homeowners Association Board of Directors and Homeowners. Mr. Alanskas:You say that you repainted, what would cause that to repaint the homes? Mr. Currier: There is soot coming off of those black stumps they have been grinding up. It is like turpentine. I don't know the physical makeup. You park your car in front of your house for a couple of hours, it is just covered with it. Mr. Alanskas: Does it wash off? Mr. Currier: It did wash off my car, but looking at a house that is 25' high, it sticks to a house. Mr. McCann: This will become part of the official record. Your analogy to the toothpaste being out of the tube, I should make it clear to the audience that we are here on the landscape plan tonight. The developer has already received approval for site regarding the pond, the roadways, the construction of this by City Council. Final approval has been made. We ..y are going to try and work with them on some of those concerns. I think the point that you make on what can be done to increase the barrier and lessen the load. Further that the problems with the actual construction, John, that would be through the Engineering or Building Department? Mr. Nagy: Both. Mr. McCann: Both would have to address those. We do not have the powers that the Council has to request reports or investigations into this. This will go on to Council who does have the authority to require all those departments to report to them. At this point we just make a recommendation regarding the landscape plan to the Council. Some of your suggestions we will take up with the developer after we go through the plan. Mr. Currier: Thank you for your comments and your empathy. I can see that you are definitely empathetic with the concerns of the homeowners. Lee Miller, 38128 Vista Drive South, Villas: Just a few more points. My neighbor did a pretty good job, but I just want to add a few more things. The location of the drive is of course a big issue. The fact that it is going to be 100' away from our bedroom is preposterous. Unbelievable that trucks, garbage trucks and vehicles of that nature are going to be within 100' of our 16207 bedrooms. Regardless of the time of the day, even if it is just a narrow band in the middle of the day, it would be very difficult to live with something like that. I heard him say that the Fire Department requires an access on all four sides of the building. There's a couple of things that could be done to work with that and make everybody happy, hopefully. If that drive is moved to the southerly location, I would suggest that now it would be more on that side of the building as opposed to not being covered. Am I making myself clear? Mr. McCann: Would you go to the mike and point out what you are suggesting. Mr. Miller: The point I am trying to make is that as the drive comes in through here, no where does it pass along this side of the building. If the drive were somewhere in this area, then it would be on all four sides of the building. It would more closely comply with what the Fire Department is requiring and, of course, the benefit to us would be that we don't have all this traffic within 100' of our bedrooms. Mr. McCann: I understand. There is a drive between the pond and the building there at this time. Mr. Miller: If it were relocated here, that would put it on the other side of the building. Also in conjunction with that, because of the proximity to the homes, �.. could the northerly portion of the drive just be limited to just emergency use. If it has to be there for legal reasons and for obvious safety, that is certainly a valid point, but if it could be reserved for emergency use only, and confine the ingress and egress to some other point that would not pass right behind our homes, I think that would satisfy all the requirements, and to have that portion of the driveway pass right behind the homes when the requirement of providing access for fire departments is only a very small percentage of the time it would be used. For that purpose, I think the relocation would solve all the problems. A few other points: As a result of the height of the building and the proximity to the homes, laying it out on a triangle, it is easy to see that there is nothing to prevent the occupants in the higher floors of the building, not just during construction, but during occupancy, from peering into our bedrooms and livingrooms. I think we should be entitled to our privacy. I think that really violates our right to privacy to have a four story building 150' from our bedrooms. Mr. McCann: We reduced it from a twelve story building that was Digital, before your development was approved. Mr. Miller: That certainly would have been a lot worse, but I don't know how high you would have to make a berm in combination with the height of the trees to shield people to the extent the original trees would have. It is done and over with and you can't cry over that, but the point is that had that 16208 been done, that would have maintained our privacy and the lights and all of that. So now if something could be done to restore it to that artificially, '%11wir I think we would be less harmed. It's a big point as you have heard so many people say. Mr. McCann: I'm sure everybody is concerned with those same concerns. Mr. Miller: Of course not all the blooming trees in the world, although beautiful, will provide any privacy during the non-blooming season. I know evergreens are kind of bland one after another, but they do provide privacy. Evergreens and then augmented by more beautiful trees, that would be nice, but again those trees provide no privacy during the non-blooming season. Just to say there are trees there, it will look nicer, but functionally will have a problem during many months of the year. Last point: What assurances are there that in extremes conditions of accumulating ground water during unusually heavy rains that the excess that is not containable in the catch basin will not flood the homeowners' property? I know every attempt will be made to contain it, but many times, as we have all witnessed by all the flooding that goes across the world and particularly in the United States where we have had a lot of unusual flooding, and now people are faced with something that wasn't designed into the scheme and that has to be a concern of ours. Unusual conditions will cause excess water to run into our basements. Denise McHenry, 38419 Vista Drive South: My property backs up to the property we are discussing tonight. Mr. Currier has represented the Villa's homeowners very well this evening. The concerns he raised represent the concerns of all the good neighbors and voters here tonight and I would think you would all be concerned with that, and I know you will be. You have been supportive in the past. I want to bring out a couple additional items that maybe haven't been addressed. There was some comment from the landscape designer that some of the trees will be shielding Victor Parkway. I have heard that comment made a couple of times although I heard no reference to shielding the homeowners that are now exposed. I am closer to where the actual building will be put up. The people at the east end are left totally naked without trees now, totally exposed, have no privacy. The shielding from Victor Parkway is nice in theory, but there has been no discussion of shielding those neighbors. I would like more discussion to that issue. I would like some assurance that there are more than twelve trees to keep people from peering into their property. One other issue I would like to make everyone sensitive to. I have been very close to calling the Fire Department a number of times because, as you are aware, the big piles of wood chips are smoldering on most mornings. There are two smaller piles towards the west end that had steam or smoke coming out of them. In the process of going through the machine they become very heated, and I am concerned about the spontaneous 16209 combustion exposure and maybe a fire during which my property would be exposed to and all the homes on the south side. It could even expose �., the whole subdivision. If we could get rid of those piles of wood chips, I think it would be a better situation for everybody. Peter Grant, 18152 Vista Drive South: I bought my home about one month ago. My property is going to back right up to these office buildings where these four stories are going to be looking down at me and my wife may be doing illicit acts together, whatever the case may be. I don't want anybody 100' away from me looking down at my bedroom, my livingroom and my kitchen, even my back porch. Where's my privacy now? I know you guys have already okayed these plans, why can't you just take the buildings and move them to the other side and be done with it. You wouldn't have any of these problems. You could have a service drive on that side of the road now because the building would be on the south side of the property. I don't know why this wasn't looked at earlier. I would never have bought that house. It cost me $250,000 and I would never have bought it if I knew I would have buildings that would be looking down on me. Ms. Gaston: What is the footage before we are notified of any type of property change? The reason I am asking is that when this came to you before, there wasn't anybody in Livonia Hills who was notified that this building was going up. The last thing we were notified on was of a fitness center going in. Mr. Nagy: This is not a change. This development fully complies with all of the standards and requirements. Ms. Gaston: So there was no reason for anybody in our subdivision to be notified. Mr. Nagy: That's right. There is no ordinance requirement requiring the posting of the property or to give notice to the adjoining property owners with respect to approving site plans or landscape plans. Mr. McCann: The theory is that since it is the proper proposed zoning, if you know that it is POI going in there, you would expect that type of development to go in there because it fits the property zoning. Ms. Gaston: I understand that, but I was talking about where the dumpsters go and having the road go in there and having the trees removed. I didn't know that was part of not being notified of the kind of construction that would be going on in our backyard. John Warner, 38121 South Vista: I want you to support that petition that was given to Mr. Nagy as much as possible. Would everyone from the Villa's stand up. I just want to show you that we want to save a lot of time. I know that you guys worked hard and late and in an effort to save time and no 16210 misunderstanding of what we would like and how we are disappointed with the way this whole thing went on, we would like you to do as much �.., as possible to make us happy. Mr. McCann: We appreciate your comments and show of support. Electra Stamelos, 38131 Vista Drive North: The only comment I want to make is that it is a shame that this wholesale rape of this area was allowed, and don't forget that we have the rest of Victor Parkway that is going to go under the knife. We have a wonderful neighbor, the Valassis Company. They took into consideration not only the neighborhood, but the natural beauty of the trees and they did a fantastic job of locating their building and satisfying everybody's requirements. We are proud to have them as neighbors. Now what you guys have to do is watch out at what is going to happen to the rest of it. This particular parcel has unfortunately has been raped. It's disgusting to have this happen. Those trees were 100 years old when I moved in here 45 years ago. To have it go down like that with no consideration, I am embarrassed for architects, for artists and for landscapers. Maybe you need to have an ordinance on your books that says any property that has trees 75' and taller, there has to be a consideration that you guys have to go out and look at it before you allow it to be raped. Am I making myself clear? I am speaking from an aesthetic point of view. Don't forget you have Greenmeade over there. `"r.. You can't allow that to go down the tubes either. Mr. McCann: John, there has been some discussion tonight. Do we have the percentage of greenbelt provided for this? Mr. Nagy: Yes, it is 26% of the site. Mr. McCann: Does that include the 100' buffer zone? Mr. Nagy: No, it includes just the area within the development portion of the property. The buffer zone was set aside as a permanent, undisturbed natural area as part of the original plan for the site. Mr. McCann: Is the petitioner here? I am going to let you respond to several of the things that were cited today. I understand that you are not in a position to state whether or not the developer can move the road. I assume you are the architect. Mr. Yurk: That's correct. Mr. McCann: Is the owner of the development here? r.. Mr. Yurk: No, the petitioner is out of town and not able to be here tonight. 16211 Mr. McCann: Let's look at the concerns that you can help us with which we do have ... authority over tonight, and that is the greenbelt area. One of the concerns is that you do have that 10' berm. John, on a 10' berm, we can go up about 4'? Mr. Nagy: No higher than that. Mr. McCann: One of the concerns was that for all the neighbors that the trees cover the higher part, but with lights coming and going, especially in winter and nights when the people are getting out and it gets dark around 5:00, the lights would affect them. A 4' berm over the length of the northern drive with evergreens throughout would protect them from the light and the encroachment. Is that something you could add into your plan? Mr. Yurk: For clarification, do you mean across the entire east-west part of the site? Mr. McCann: That's correct. Mr. Yurk: At this time, due to cost implications, I am not authorized to make a change like that. Mr. McCann: What other changes can you recommend be done to protect the neighbors �`.. from the lights, from the intrusiveness as far as landscaping? Mr. Yurk: We currently have the 100' plus buffer. It is my understanding that when the park was developed that was something that was dictated as part of the development of the park. We have kept the road an additional 10' outside of that. The buildings are an additional distance away from that. We put the parking on the south side of the building to shield it from the residential area. If there is a desire for some additional trees at the extreme east end within the buffer area- right now we have 16 trees in there, a combination of evergreens, canopy trees and flowering trees. That is something that the petitioner would consider. If you have been out to the site, going back at least three condominium units within the 100' line, there are no trees there. That area appears to have been mowed regularly which prevented anything from being developed there. An additional two units back, there are low scrubby brush, if you will. Between the fifth and sixth unit, the trees make a significant vertical jump in that area. The petitioner would be willing to add some evergreen trees within the buffer area from Victor Parkway back to that fifth unit which is some 290' from Victor Parkway. There would be some consideration that would have to be made at the intersection between the drive and Victor Parkway because one of the conditions that was made when the site plan was previously approved was for vision in that area by the Police Department for cars 16212 coming off of that drive on to Victor Parkway that they have vision on to Victor Parkway. Mrs. Koons: Mr. Yurk, see if I understand what you said. On the berm and the evergreens all along that, did I understand you to say that you don't have the authority to make that decision? Mr. Yurk: Yes. There are significant cost implications with that that I have not discussed with the petitioner, so this evening I am not prepared to make a commitment for that. Mr. LaPine: John, what is the width of the road behind the pond? Mr. Nagy: 22'. Mr. LaPine: Can the retention pond be moved 22' to eliminate the road and then put the road down along Victor Drive? I think one of the biggest objections besides trying to shield the people is that they don't like the drive behind their homes. If we move the retention pond 22', then you would be further away from the other drive down Victor way. You could put a second drive down there. Is that feasible? Mr. Yurk: I understand what you are saying. I suppose it is feasible. We would have ti.. to look at the engineering relative to the pond. There have been bids received and contracts let and it would affect those. Again, from a cost point of view, that is something that I would have to discuss with the petitioner. Mr. Alanskas: I know we had this tabled before, but it sounds like the gentleman does not have the authority to say what he can do. This is a landscape plan this evening we are discussing. I think it sounds like we should table this again until the petitioner comes back with another plan with additional landscaping there. He says he can't say what they can do, if anything, so it would be unfeasible to try and approve this plan this evening. Mr. LaPine: I think what Mr. Alanskas says is true and at this stage of the game, the roads have not been constructed or laid out and it seems to me that there can be some solution and the least they can do is look at it and come back with an alternative plan. Mr. Yurk: The site plan was previously approved by the Planning commission and subsequent to that, the City Council. I can't say that the inclination of the petitioner is not to move the road. The road is outside the 100' line. We placed it an additional 10' beyond that so that we could stay fully outside of the buffer during construction. The PO zoning that is on the site would allow a setback of 60' without the buffer, so the buildings could be within 16213 60' of the property line without the buffer. Effectively, the drive could be immediately adjacent to the property line with a 6' high screen wall. My `.. understanding of the development of the park again was that 100' demarcation line and hence the buffer was developed as a separation between the office development and the residential zoning in that area. We have stayed outside of that area. We have tried to address it in the parking, the lighting, signage, etc. Based on that the site plan was previously approved and the project has moved forward based on that approval. Mr. Alanskas: I agree with what you are saying, tonight we are here on the landscaping plan, but I am sure you have a time planned for what you want to do. I know you have a plan approval for the building. You are back here tonight for landscape approval and I, as one commissioner, don't see how you can go forward if you have to go back to the petitioner regarding additional landscaping. Is tabling this, or making you another week or two off, going to bother you that much because you are still working and doing chips for the next two or three weeks? Mr. Yurk: No, tabling the petition would not be a problem. As I have indicated, the petitioner is more than willing to add additional landscaping in the buffer area to try and fill in the area where the 100' line is open. The inclination is to not move the road and a berm across the entire length of the property, �.. I am sure the petitioner would not agree to that. Mrs. Koons: I want to make sure Mr. Yurk has a copy of the letter from the neighbors. Mr. McCann: We will provide him with that. On a motion by Mr. Alanskas, seconded by Mrs. Koons and unanimously approved, it was #6-99-98 RESOLVED, that the Planning Commission does hereby determine to table the Sign Permit Application and Landscape Plan in connection with Petition 98-1-8-2 which received site plan approval to construct two office buildings on property located at 19400 Victor Parkway in the North 1/2 of Section 6 to July 21, 1998. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: This is tabled to the 21st and we will be meeting back here in this auditorium. You are all welcome to come. This has been heard on separate occasions and we have heard you. Again, this is a pending item and it will require unanimous consent of all the commissioners to allow the audience to speak. We are going to address the issues. Keep in mind 16214 that this is a landscape plan. We are going to address the issues. Keep in mind that this is a landscape plan. We are going to look to the petitioner in the meantime to address the issues that were presented in your petition and letter to the Planning Commission, as well as if he would voluntarily move the drive. Otherwise it would have to go to Council and they are the only ones with the authority to do anything else. Mr. Alanskas:I would like you to come back before us with the maximum amount that you would be willing to put in for additional landscaping. It doesn't make sense for you to come back and say, OK, I will put in another two or three trees and we say, well, that's not enough, let's table it again. Let's get these things done and over with. I would like to see you come back with the maximum amount that you would be willing to put in on that north side. Mr. LaPine: I understood everything the petitioner said this evening; the site plan has been approved and everything according to that site plan is the way he has it on his plan, but you don't have any expenses at this point or any roads. So there is a possibility that the road can be moved. All we are asking is to look at it and see if it is feasible to maybe move that retention pond or move the driveway to another location. I don't see where there is any expense as far as the developer's concerned because the building is not being moved, the parking is not being moved. All we are asking is that �.. before you put in the road if there is a possibility of moving it from that location. I would like for you to come back to the next meeting with some answers. Mr. McCann: Can you also request that a representative from the builder be here who has the authority to make these decisions? Mr. Yurk: Yes. Mr. Hale, Acting Secretary, announced that the next item on the agenda is a Motion to Hold a Public Hearing pursuant to Council Resolution#406-98 to determine whether or not to amend Article XVIII of Zoning Ordinance #543, as amended, to add thereto a new Section 18.66 imposing bonding requirements pursuant to MCL 125.84e. On a motion by Mrs. Koons, seconded by Mr. Alanskas and unanimously approved, it was #6-100-98 RESOLVED, that the City Planning Commission, pursuant to Council Resolution#406-98, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Article XVIII of Zoning Ordinance #543, as amended, to add 16215 thereto a new Section 18.66 imposing boding requirements pursuant to MCL 125.584e. FURTHER RESOLVED, that notice of such hearing be given as provided in Section 23.05 of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: The next item on the agenda is Approval of the Minutes of the 763rd Regular Meeting and Public Hearings held on May 5, 1998. All members were present at this meeting with the exception of Mrs. Koons. On a motion by Mr. Hale, seconded by Mr. LaPine and unanimously approved, it was #6-101-98 RESOLVED, that the minutes of the 763rd Regular Meeting and Public Hearings held on May 5, 1998 are hereby approved. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. �.• Mr. McCann: The next item on the agenda is Approval of the Minutes of the 764th Regular Meeting held on May 19, 1998. All members were present at this meeting with the exception of Mr. Alanskas. On a motion by Mrs. Koons, seconded by Mr. LaPine and unanimously approved, it was #6-102-98 RESOLVED, that the minutes of the 764th Regular Meeting held by the City Planning Commission on May 19, 1998 are hereby approved. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: That concludes the pending items portion of the meeting. We will now begin the Miscellaneous Site Plans portion of our agenda. Members of the audience may speak in support or opposition of these items. Mr. Hale, Acting Secretary, announced that the next item on the agenda is Revision to Petition 87-4-8-14 which received site plan approval to construct an office building on property located at 9130 Middlebelt Road in the Southwest 1/4 of Section 36. 16216 Mr. Nowak: This request involves an office building located on the southeast corner of Middlebelt and Grandon Avenue. As part of the original condition of �.,. approval for this office building, there was a condition that there shall be inside storage of trash. The location for outside dumpsters is prohibited. The petition is now coming back with a request that he be allowed outdoor storage of trash which would consist of two garbage cans for each unit within the building and that these would be located just outside the back door along the easterly side of the building. Mr. Nagy: There is no correspondence on this item. Peter Jabbour, 29549 Lyndon, Livonia: I own the office building. I bought it from Dr. Strong. He built it in 1988 and I bought it in 1991. He had some trouble leasing the building from '88 to '91 and that's when I bought it. It was 75%vacant. Since I bought the building, I have never had it 100% occupied. A lot of tenants are concerned with where they could put their trash. Now I have my accounting office in there, a dental office and State of Michigan leases for a health screening unit. They provide free medical examinations for retired state employees. I also have a small realty company. I have about 700 sq. ft. that is vacant. The dental office has been putting their trash cans outside, which is basically two trash cans. They are sealed with lids. Some of the neighbors contacted the City and the City came out on a couple of occasions. The Inspection Department `to.. recommended that we send an order to allow us to store some outside trash. Mr. Alanskas: What kind of problems are you having with the neighbors? Is the trash blowing away? Mr. Jabbour: No. There are no problems. When the site was originally approved, they didn't allow outside trash. Some of the neighbors are here. I don't know if they were offended by the trash cans being outside. We have I believe a 6' brick wall between us. We have a small berm in the front. We have some greens. In order for you to see the trash cans, you have to stop in the middle of the street to see the trash cans. Mr. Alanskas: How often are your trash cans emptied? Mr. Jabbour: Weekly, on Mondays. Mr. Alanskas: Do you ever have a time when the cans are so full that you have more refuse than two cans will hold? Mr. Jabbour: I can't answer that. I have an accounting office. I don't through any trash outside. We just generate paper and it is confidential, so we don't want to put it out until it is ready to be picked up. The dental office might be, but 16217 if you allow us some trash cans, they could use mine. They don't need more than two. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? Ben Matusz, 29197 Grandon: I live right next door. I have some photos of how close his property is to my house. Mr. McCann: If you would like to bring them up, we will pass them between us. Mr. Matusz: There is property across the street with a similar building. They never put out trash. I called the Ordinance Department several times about the trash being out there. I quit calling because they told me he was going to come here and request what he is requesting, and he could keep putting it out until such time as it was approved. I can't believe that. There's a health screening place and I don't know what they do there, but whatever they put out, there are children that go by there from Emerson Junior High. When school is out the pass through there, they sit back there and drink big gulps of whatever, and I can imagine them going through the garbage cans. This building is 13' from my property line. I have 10 garbage cans 10' from my house. I lived there when the building was put up. I was well aware of this. Why change it now? Nobody else has garbage cans out. Let him put a dumpster in front of the building, or get a trash compactor. What do we need garbage cans out there for? When is it going to stop - then the guy across the street is going to want garbage cans also. Do we make these rules to break them? This man took it upon himself to drain his drainpipe in our backyard. There's 2' of water in my backyard. He took it upon himself to put a pipe in underground and let the water run into our property. The Inspection Department made him reroute it. He's got weeds all over. He never put weed killer on his lawn. I put in on myself just to keep his weeds away from my property. I don't think it is right for him to put garbage cans out there. I can't put them out, why can he? Robert Nejojian, I live across the street from Ben. I don't want to see garbage cans out there. The man is all right. I have no problem with him. I watch the property. I see the kids back there drinking and I told him and he appreciated it. I make sure no one gets out of line in the area because my house is so close. I have the other building with 8 offices in it. If he puts garbage cans out there, I will get a dumpster next to my house. They throw their garbage over the wall, like the wall is going to stop that. I don't need their garbage. Now the kids might go in there and start throwing it on Ben's wall. I don't need them coming from 7-Eleven, which is 1/4 mile down, walk through the back of the building and throw their stuff in my yard. I pick up their beer cans that they throw on my 16218 lawn. I get ten cents for every can I pick up, but I still don't need it. If they are going to do this to Ben's house, I'm next. Next to me is a driveway, so it is going to be worse for me. Mr. Jabbour: I know the neighbor here complained about the drainage system we put in. When he called and said it bothered him, we removed it. We are sensitive about that. He mentioned a dumpster. It is hard for us to have a dumpster up front because we are exposed to Middlebelt. The other point is, we have 21 parking spots, and we have five tenants. If we put a dumpster, it is going to sit right in the middle and take up three parking spaces. It is really a hardship on the tenant and on me. The dental office and State of Michigan, they do not put medical waste outside. They have a service that picks that up. I can understand your being concerned about the biohazardous stuff It would basically be just a bunch of papers put outside. We will not make it look like a dump. We can add some greenery if you want. We have a brick wall and we don't have a lot of room to work with. Mr. LaPine: The medical waste is kept inside the building and is taken away by a separate company, right? Mr. Jabbour: Yes. `.. Mr. LaPine: Everything else that comes out of there is paper. Why can't each tenant buy one of these small compactors and put it out once a week for pickup? Mr. Jabbour: I can recommend it. You can't really put everything in a garbage compactor. I have one in my house,but what's the point. You still have 2 or 3 bags to put outside. Mr. LaPine: So they can put them for curb pick up. What is the problem? Mr. Jabbour: I never put my garbage outside. The only office that really does, is the dental office. I was glad to see them move in and I'm sure the neighborhood is. Mr. LaPine: I think there is a solution and you should take it up with your tenants. Mr. Jabbour: As far as the garbage compactor, it doesn't compact a lot of paper. They will still have 3 or 4 bags of paper waste. Mr. LaPine: If they put their garbage out only once a week, unless they generate a lot of paper, you would need no more than one or two compactors. .,. Mr. Jabbour: I can recommend it, but in all honesty, I came here based on their request because they kept on saying we have to do something about that. 16219 Mr. Alanskas: Listening to the two neighbors, it sounds like the biggest problem they `�.. have here is the kids coming by and throwing trash all around. Do you have a problem with kids loitering in the back of your building? Mr. Jabbour: Maybe a couple of times a year. One of the neighbors brought it to my attention that maybe we should turn off the lights in back because the kids are hanging around. I can't do anything about it. It's not cost effective for me to fence the whole area. It's not a problem. Mr. Alanskas: If two small trash cans can take care of one tenant for a whole week, I don't think that you are having that much trash back there. With your wall back there, I don't see how that trash could get over that wall. People must be throwing it over. Mr. Jabbour: If it becomes a problem, I could fence the back end of the building. Mr. Alanskas: Are you there normally all day yourself? Mr. Jabbour: I am in there probably ten hours a day. Mr. Alanskas: At the end of the evening, do you go back and check and see if there is any refuse in the back of your facility? Mr. Jabbour: Every day in the morning, I check. Mr. Alanskas: It sounds like maybe you should do it in the evening. Mr. Jabbour: We leave the door open once in a while. We go out to the back. Some of the girls who work next door go out and smoke in the back, so there is always people there. My parents live about four blocks from there, so I do walk there a couple of times a week. I grew up in the neighborhood. On a motion by Mr. LaPine, seconded by Mrs. Koons and adopted, it was #6-103-98 RESOLVED, that the Planning Commission does hereby recommend to the City Council that Revision to Petition 87-4-8-14 which received site plan approval to construct an office building on property located at 9130 Middlebelt Road in the Southwest 1/4 of Section 36 be denied for the following reasons: 1) That Panning Commission Resolution#5-116-87 is hereby upheld and that there shall be inside storage of trash; the location of outside dumpsters are prohibited, for the following reasons: 16220 a. That the petitioner has failed to justify the need for outdoor storage of trash; b. That the City believes optional way of storing trash inside, such as the use of trash compactors, would better suit this site; c. That outdoor storage of trash could cause possible health and safety hazards; d. That this request would not be aesthetically in the City's best interest. A roll call vote on the foregoing resolution resulted in the following: AYES: LaPine, Hale, Koons NAYS: Alanskas, McCann ABSENT: Piercecchi Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. The motion passes, you have ten days in which to appeal to City Council. Mr. Hale, Acting Secretary, announced the next item on the agenda is Petition 98-6-8-20 �.. by John Del Signore requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a commercial building on property located at 14050 Eckles Road in the Southwest 1/4 of Section 19. Mr. Nowak: This is a proposal to construct a commercial building on property located on the east side of Eckles Road, north of Schoolcraft Road. They are proposing a 15,000 sq. ft. building to be located on the northerly portion of the site. They are providing parking that exceeds the required parking of the zoning ordinance. The building elevations show that the building would be constructed out of masonry block. There would be an entrance area that would be highlighted by brick. Over the second story windows would be a band of dryvit. The landscape plan showing the landscape treatment of the site is 15%, which is the minimum amount required by the zoning ordinance. Tino Del Signore, 55580 Eight Mile,Northville: Basically this would be an building for rent and we have a couple of companies that are looking at the site. Mr. McCann: What type of businesses would be involved in that? ... Mr. Del Signore: I am not sure right now. This is with realtors right now. 16221 Mr. Alanskas: Because you are close to the corner of Eckles there, is there any reason you can't put a little more landscaping in along the east side of the r.., building? I have no problem with the building, I know the last building you built is gorgeous, but because this is almost on the corner, I would like to see a little more landscaping. Mr. Del Signore: We have the required amount. Mr. LaPine: Your building faces Eckles Road, is there any reason why that truck dock has to be in front of the building? Can't it be put in the back somewhere? Mr. Del Signore: This was a request by a client of our realtor. If you want it in the back of the building, it would be difficult to get the trucks there. Mr. LaPine: The dock could be on the east side of the building. It looks like there will be semi's there. I don't know how long that driveway is, I am just wondering if they could swing in there without going into Eckles Road. Mr. Del Signore: Yes, they can. Mr. LaPine: I don't particularly like the truck well in front of the building. I think it takes away from your building and the other one you have up there. '.,.. Mr. Del Signore: If you did it the other way, you would take away from the landscaping. You would have to put the building on the west side of the property and you would have no room for landscaping. Mr. LaPine: I don't particularly agree with you, but that's fine. Mr. McCann: What kind of trees are on the north side of the property along the truck well? Mr. Nowak: Cranberry Viburnum. Mr. McCann: How high do they grow? Mr. Nagy: Eight feet to ten feet. Mr. McCann: How far out, once the trailer is backed in, would it stick out from the building? Mr. Nagy: About 48 feet. Mr. McCann: How deep does the well go into the building? Mr. Nagy: Twenty feet. 16222 Mr. McCann: So if it came out 28' with trees on the south side, it would pretty much block the truck from the road without blocking visibility for backing in. Mr. Nagy: They do have some materials at the corner of the building. They could probably add to that to bring it out the full 28'. Mr. McCann: Which would block the view of the truck in there loading and unloading. Mrs. Koons: Also for balance since we have such an abundance of parking spots as you drive into the driveway where there is just a little bit of greenery to the right, could we beef that up a little too? Mr. Nagy: That's what Mr. Alanskas was asking, and Tino indicated a willingness to do that. Mr. Del Signore: I would also like you to note that three sides of this property is owned by Ford Truck and there is no landscaping on their north or south side. It is just semi trucks and tractor-trailer trucks, so even if I block our semi's, you would see nothing but trucks. There was no one in the audience wishing to speak for or against this petition. r.. On a motion by Mr. Alanskas, seconded by Mr. Hale and adopted, it was #6-104-98 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 98-6-8-20 by John Del Signore requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a commercial building on property located at 14050 Eckles Road in the Southwest 1/4 of Section 19 be approved subject to the following conditions: 1) That the Site Plan marked Sheet 1 prepared by Kenneth E. West P.E. as received by the Planning Commission on June 2, 1998 is hereby approved and shall be adhered to; 2) That the Landscape Plan marked Sheet 1 prepared by Kenneth E. West P.E. as received by the Planning Commission on June 2, 1998 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 are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the 16223 satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5) That the Exterior Building Elevation Plan marked Sheet 3 prepared by Kenneth E. West P.E. as received by the Planning Commission on June 2, 1998 is hereby approved and shall be adhered to; 6) That the masonry material of the building shall not be painted and will be in harmony with the color of the brick; 7) That the brick use in the construction of the building shall be full face 4 inch brick, no exceptions; 8) That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building and the enclosure gates shall be maintained and when not in use closed at all times; A roll call vote on the foregoing resolution resulted in the following: AYES: Alanskas, Hale, Koons, McCann NAYS: LaPine ABSENT: Piercecchi Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Hale, Acting Secretary, announced the next item on the agenda is Petition 98-6-8-21 by ADI Realty, on behalf of Arbor Drugs, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a retail store and a bank on property located at 19120 Middlbelt Road in the Southwest 1/4 of Section 1. Mr. Nowak: The property involved in this request is located on the northeast corner of Seven Mile and Middlebelt Roads. The property presently contains a Michigan National Bank and an Elias Brothers Big Boy. The proposal is to remove the two existing buildings and to construct a free-standing Arbor Drug Store on the southerly portion of the property, and a Michigan National Bank on the northerly portion of the property. The two buildings would be connected by a canopy which would protect the drive-thru aisles which would serve both of the buildings. The site has access by a drive on Seven Mile Road and a drive from Middlebelt Road. The parking provided on the site exceeds the requirements of the zoning ordinance. Ninety-eight are being proposed whereas the zoning ordinance requires .�, seventy-one. There has been a revision to the site plan and the landscape plan in that they have eliminated four parking spaces near the corner of 16224 Seven Mile and Middlebelt which will now be a landscaped area. That increases the landscaped area to about 16.5%, so it is a little over the Neer required 15%. The building elevations show that the buildings will be constructed primarily of brick on all four sides. An area at the top half entrance of the drug store and the upper portion of the tower of the drug store and the drive-thru would be dryvit. The roof would be standing seam roof panels. Mr. Nagy: The Traffic Bureau indicates they have no objection to the site plan as submitted. The Engineering Dept. in their letter of June 11 indicates they have no objection to the proposal and they will require a soil erosion and Sediment Control Plan, a grading plan and an underground site utility plan to process permits. The Fire Marshal indicates that their office has reviewed this site plan. The subject building is to be provided with an automatic sprinkler system. A hydrant shall be located between 50 and 100 feet from the fire department connection. The Inspection Department indicates that no signage was reviewed in connection with the site plan. The Arbor Drug structure occupies two separate parcels of land. The petitioner will be required to combine or split and combine these 2 parcels. The petitioner should be advised to contact the Department of Assessment to determine what action needs to be taken to address this issue. There are no wall sections depicting types of wall construction for the building, dumpster or 6' masonry wall. That is the extent of our correspondence. Gary Adams, Architect, 7440 W. Greenwich, Bloomfield Hills: I promised to bring some samples of materials and give you a clearer picture of the appearance. These colored elevations are closer to the actual tonal values than what you saw earlier. These are brick samples. You can see there is a very subtle tonal difference, the darker brick being the main fields on the drug store. The lighter brick is the main fields on the bank with the darker brick being used as a banding element. These are samples of the metal deck and the lighter color is the stucco sample which picks up the lighter brick color. The burgundy that you see is the roof color and the trim of the cap flashing. The walls are block and brick, block on the inside and brick on the outside. This is a fully sprinkled building. Everything that you read from your various departments we would fully comply with. Mr. McCann: The brick on the outside is full face brick? Mr. Adams: Full face brick all the way around. We do have stucco on the feature bands. We are fortunate that there are a number of mature trees that are in pretty good shape and we have been able to plan this so that we can keep all of those that are not right up against the buildings that have to come down. We are trying to augment that. We will never match the size. We •r„� are augmenting it with flowering trees like crabapples and these are positioned across from the package pickup window across from the 16225 pharmacy and the drive-thru of the bank, as well as the entrance. We are framing it with crabapples keeping the large locust tree and with some low Slow shrubs and some flowering material between them to create the vista that we were talking about to the entry. Right now we have trees and green space and we would continue that on along the back side of the property. There is plant material on the west side of the buildings. There are some on the east side, but minimal because this is in back of the houses. Mr. Alanskas: For the two drive-thrus for the bank, are there ATMs located there? Mr. Adams: There is one, the third one away from the bank. Mr. Alanskas: Is that ATM mainly for driving, or can someone walk up to that machine and be safe? Mr. Adams: It is for driving. Mr. Alanskas: What if someone wants to use it for a walk-in, wouldn't that be a problem? Mr. Adams: It is not designed to be used for a walk-up ATM. Mr. Alanskas: Is it designated for that? If someone didn't know, could they walk up? NNW Mr. Adams: It can be so designated. Mrs. Koons: The drive-thru for the drug store, what would people be able to purchase there? Mr. Adams: It is strictly for prescriptions, to drop off and pick up. That's all it serves. It is so positioned that the pharmacy is immediately behind it and that is all that you can get. Mrs. Koons: Mr. Nagy, do we have an ordinance that says that drive-thrus will be prescription only? That it can't be beer and wine? Mr. Nagy: No. That's regulated through the Liquor Control Commission. Mrs. Koons: Is it a State regulation? Mr. Nagy: Yes. Mr. LaPine: I would assume that the whole parking lot would be redone, repaved and double striped? Mr. Adams: Yes. 16226 Mr. LaPine: The property behind here at one time was owned by owners of the Big Boy restaurant. Do you know what he is going to do with that property? Mr. Adams: No, I do not. That is not part of this project. Mr. Adams: There is one other thing that I think is important to you. There are a number of curb cuts coming off of Middlebelt, 4 curb cuts. What we are proposing is to close three of these, keep one, and keep the one existing off of Seven Mile. We think that is an improvement that you should be aware of. Mr. LaPine: John, I notice that there light poles are 25' high. Mr. Nagy: Correct, that is not a problem. Mr. McCann: Is there anyone in the audience wishing to speak on this petition? Dan Calalano, 14058 Ingram, Livonia: I am a realtor in the area. I was one of the realtors that put together the Livonia Nursing Home. That particular piece of property was an eyesore. This restaurant that they are proposing to tear down is really not an eyesore. In the area you have a mall struggling and it is trying to renovate and change. If you build around Livonia Mall and complement it with smaller businesses, utilizing the land that is available instead of tearing down thriving businesses, I think you will have more growth in that area. I have a site plan that Arbor Drugs proposed about six months ago. It utilizes the land across the street from it. There's a vacant lot there available for use for the bank that might be more appropriate, alleviating congestion or traffic problems that might be in the area and making full use of that whole area. I think it is a more constructive idea. Mr. McCann: Where were they looking to developing? Mr. Calalano: Next to the VFW Hall. Mr. Hale: This Elias Brothers restaurant is obviously selling out. This is not governmental condemnation of the property. Why do you think it is a thriving business in that area that is being destroyed? Mr. Calalano: It seems that they are trying to squeeze quite a bit in a little area. If you put everything in one basket, take away from these little spots, you are pretty much telling people in the area that you are not seeing a lot of growth. There was no one else wishing to speak on this petition. On a motion by Mr. Hale, seconded by Mr. LaPine and unanimously approved, it was 16227 #6-105-98 RESOLVED, that the City Planning Commission does hereby recommend ti. to the City Council that Petition 98-6-8-21 by ADI Realty, on behalf of Arbor Drugs, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a retail store and a bank on property located at 19120 Middlebelt Road in the Southwest 1/4 of Section 1 be approved subject to the following conditions: 1) That the Site Plan marked Sheet SP-1 prepared by Gary Adams Associates, as received by the Planning Commission on June 22, 1998 is hereby approved and shall be adhered to; 2) That the Landscape Plan marked Sheet LS-1 prepared by Gregory M. Baughman Associates, as received by the Planning Commission on June 22, 1998 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 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 Building Elevation Plan marked Sheet A-3 prepared by Gary Adams Associates, as received by the Planning Commission on June 5, 1998 is hereby approved and shall be adhered to; 6) That the brick used in the construction of the building shall be full face 4 inch brick, no exceptions; 7) That the walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building and the enclosure gates shall be maintained and when not in use, closed at all times; 8) That this approval does not authorize consent of any signage shown on the plans and that all signage shall come back before the Planning Commission and City Council for their review and approval. 9) That the parking lot will be new, not repaired, and doubled striped. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 16228 Mr. McCann: I had some concerns about a tenant leaving Livonia Mall. I think it was inevitable by the marketing structure of Arbor Drugs, Rite Aid and all the other drug stores around town. Obviously as the gentleman stated, they were looking at the VFW property and other local properties. I think that the site plan that was provided us tonight will enhance the corner of Seven Mile and Middlebelt. I think the petitioner worked with us to create a little more greenbelt area right at the corner of Seven Mile and Middlebelt and by enhancing that corner, it should help all the businesses in the area to make it more pleasing to the shoppers in the area. I think it will benefit the city and that is why I am going to recommend approval. Mr. Nagy: For the information of that gentleman, by developing this proposal we can also get rid of a non-conforming building that is not currently in conformance with the proper setback. The bank does not meet the current standards for front yard setback. It is a non-complying building and one of the objections of the zoning ordinance is to eliminate non-complying structures. Mr. Alanskas: I am going to support this myself and I think it is going to be an enhancement. I do hope that when the petitioner comes back for signage, I am sure you are going to have the new name of your company instead of Arbor Drugs, and I hope you will be in compliance with the sign ordinance and not try and get a lot of big signs on that corner. Mr. McCann: That is a control zone. This will go on to City Council with an approving resolution. Mr. Hale, Acting Secretary, announced the last item on the agenda is Petition 98-5-8-15 by ADI Realty, Inc. on behalf of Arbor Drugs, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a retail store on property located at 29500 Five Mile Road in the Southeast 1/4 of Section 14. Mr. Nowak: The involved property is located on the north side of Five Mile Road, west of Middlebelt Road. The property currently contains an office building. The proposal is to remove the existing office building to construct a new Arbor Drug Store. The site would have access from a driveway from Five Mile Road. It would also be accessible from the McDonald's site and there would be provision for access to the property from the office building to the north. The parking provided on this site exceeds the requirements of the zoning ordinance. The landscaping shown on the landscape plan also exceeds the requirements of the zoning ordinance. It provides for 20% of the total site area, whereas the requirement is 15%. The building elevations show that the building would be brick on all four ,., sides. Over the entrance area there would be synthetic plaster canopy system which is comparable to dryvit material. Over the drive-thru 16229 window on the west side elevation would also be this synthetic plaster canopy system. Mr. Nagy: There is no additional correspondence. The only thing I would comment on is that you recall this item was before you at a previous meeting at which time after evaluating a proposal, that the commission did resolve and recommended against this site plan approval. Pursuant to the zoning ordinance, the petitioner had ten days in which to appeal that decision to the City Council. They failed to do so in a timely manner and in order to accommodate his desires to seek that appeal, we have granted permission to refile. Mr. McCann: So he refiled and this is a new petition and we are revisiting the old petition. Mr. Nagy: Essentially we are revisiting the old one. A new fee was paid. Mr. McCann to the petitioner: Is this essentially the same plan set forth that we have already reviewed and discussed at length? Matt Ray, 3331 West Big Beaver, Troy, Michigan: Yes. There are no changes proposed. Mr. McCann: I should say for the record that it was partly my fault that evening as I said it would automatically be appealed and the record reflects that. I apologize that it had to be appealed by yourself A recommendation for approval automatically goes to Council, and a recommendation for denial has to be appealed within ten days. So that the record is clear and there are no questions. Is there anyone in the audience who wishes to speak for or against this petition? Seeing none, a motion is in order. On a motion by Mr. LaPine, seconded by Mrs. Koons and unanimously approved, it was #6-106-98 RESOLVED, that Petition 98-5-8-15 by ADI Realty, on behalf of Arbor Drugs, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a retail store on property located at 29500 Five Mile Road in the Southeast 1/4 of Section 14 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general standards and requirements as set forth in Section 19.06 of Zoning Ordinance #543; 2) That the surrounding area, as well as the City as a whole, is already adequately serviced by this type of commercial use; 16230 3) That the petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents; 4) That by the nature of the proposed use the traffic flow to and from the property will unduly conflict with the established and normal use of the neighboring area; 5) That a commercial use is contrary to the goals, objectives and policies of the Future Land Use Plan of the City of Livonia as adopted by the City Planning Commission which is to ensure compatibility and appropriateness of uses so as to promote property values, enhance neighborhood conformity and enjoyment; 6) That the proposed use is detrimental to and not in harmony with the surrounding uses in the area. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. You have ten days in which to appeal to the City Council. This concludes tonight's meeting. To our friend Dan Piercecchi if you are watching tonight, we hope you are back soon On a motion duly made, seconded and unanimously adopted, the 766th Regular Meeting `.w held on June 23, 1998 was adjourned at 10:00 PM. CITY PLANNING COMMISSION Y Michael S. a e, Acting Secretary ATTEST: �/�---- mes C. McCann, C airman /du 1 vow 1