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HomeMy WebLinkAboutPLANNING MINUTES 1996-02-13 14693 MINUTES OF THE 719TH REGULAR MEETING AND PUBLIC HEARINGS r.. HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 13, 1996 the City Planning Commission of the City of Livonia held its 719th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m. with approximately 300 interested persons in the audience. Members present: Jack Engebretson William LaPine Robert Alanskas James C. McCann** R. Lee Morrow* Daniel Piercecchi Patricia Blomberg Mr. John J. Nagy, City Planning Director, Mr. H. G. Shane, Assistant Planning Director and Scott Miller, Planner II, were also present. Mr. Engebretson informed the audience that if a petition on tonight's agenda involves a rezoning 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 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 preliminary plat and/or a vacating petition. Planning Commission resolutions do not become effective until 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. Morrow entered the meeting at this time. Mr. Alanskas, Secretary, announced the first item on the agenda is Petition 95-11-1-26, as amended, by Leo Soave requesting to rezone property located on the north side of Six Mile Road between Stamwich Blvd. and Merriman Road in the Southwest 1/4 of Section 11 from RUFC to R-3. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: From our Engineering Department we have a letter dated January 16 indicating that they have no objections to this proposal from an engineering standpoint. Some on site-detention of storm water run-off may be required due to the downstream capacity of existing natural water course. We trust this will provide 14694 you with the information requested. Signed by Gary Clark. We have one letter in support of this petition from David Jakubiec, 17448 Rexwood stating "We have received notification of a new residential development planned for the north side of Six Mile Road between Merriman and Middlebelt Roads just east of Holy Cross Lutheran Church. We will be attending the public meeting about this development, but wish to express our support for the project with the following comments: we would like to see that the trees are left in place except for those that have to be removed for roads and utilities. The people buying the lot, would have the chance, to remove what they do not want. While it would add to the cost of building a house, so would the cost to landscape with mature trees. I do believe that people would be interested in this area after seeing the desert like sub-division of Canton and Novi and other areas." In addition to this, we have an objection petition with 87 signatures from various residents and a packet of objecting letters too numerous to read. Mr. Engebretson: I also have 8 letters in opposition to the petition. I would like to read this brief letter from Harry and Brenda Ganas. "We feel the serenity of our neighborhood will be disrupted by the proposed development. The woods between Brookwood Estates and Six Mile Road have acted as a buffer to the noise and sight of the traffic on Six Mile Road. We feel the woods have given our neighborhood a pleasant backdrop and have added to the value of our homes. We believe the rr.,, project will be a detriment to our home values and make our neighborhood a less attractive place to live." The others are some letters that address the same basic issues. We will make them part of the record. If you wish to have yours read, we will be glad to do that. Leo Soave, 34822 Pembroke: What we propose is a 21 lot subdivision with 80' lots, concrete streets and sidewalks. As far as this subdivision encroaching on other people, this is 90' from the road and each home will sell for about $250,000, so as far as these homes having a bad effect on their value, I don't think it's true. The property has all utilities, it's got storm sewers, water and sanitary sewers. James Brock, 30596 Six Mile Road: When my wife and I bought that property six years ago, there were 3 lots associated with it that we expected to be able to sell in the future as part of our retirement plan. They had been subdivided about 5 years prior to that, and meetings with the Planning office here, we were told that these lots were absolutely developable and it was probably a wise investment. There are people here tonight who would like to keep that as park land and I would like to suggest that if they would like to keep it as park land, buy it from me and keep it that way. My wife and I sent about 125 letters to people in the area, probably alerting them to the subdivision in addition to the letter sent by the City. We asked them to respond to the letter either for or against. We got 5 in favor of this subdivision and we got 1 oppsed to it. I would like to offer those as part of the package tonight. We also have a copy of the letter sent to the neighborhood making our 14695 point of view known. I am going to live next door to this thing and put our property into Mr. Soave's parcel to enlarge it somewhat. We think it is the ,tow appropriate thing to do. There is a long woods behind the church for people who love trees. I love trees as much as anybody else, but I don't want to see houses interspersed in the middle of trees. Mr. Engebretson: Are you going to remain there? Mr. Brock: Yes. Mr. Engebretson: You are not going to demolish your house? Mr. Brock: No, not at all. Mr. LaPine: When you bought that property, it was 3 parcels? Mr. Brock: Four parcels. The parcel on which my house sits and 3 empty parcels behind it. Mr. LaPine: You were led to believe you could keep your one parcel, put your home on it and sell the others. Mr. Brock: Exactly. Nor. Mr. LaPine: If that were true, let's assume that Mr. Soave hadn't bought the property next to you and now made a big subdivision, how would they get to those 3 lots directly behind you? Mr. Brock: We would have deeded access to those lots. Just prior to Mr. Soave starting this action, we had been in to talk to the City engineers about that very thing because our intention was to start something of that sort. Jeff Coluski, 30419 Bobrich: I do not own the residence, but I am currently living there. It is owned by my mother. It backs up to that property somewhere on the right side. We've enjoyed having the forest behind our house. Growing up as a kid, that was my place to make forts. The owners there were gracious in letting us use that as a playground not like a park because you can't build a treehouse in a park. Also we have a nice background to our house in that we can see trees and not houses and not having somebody looking in our house. Looking out at a house instead of trees would I think detract from the value. There's some sentimental value and some esthetic value as well. Mr. LaPine: I understand what you are saying. We all would love to live on property and look at the woods. But you are looking at woods that somebody is paying taxes on for your beauty. Someone owns a piece of property and it can be developed. You cannot expect somebody to keep woods back there if there is a possibility to develop the property if it meets all the requirements just so you can have a 14696 background of a forest. If you wanted to keep that forest, maybe you should have bought that property. Jeff Coluski: I am opposed to it being rezoned to something smaller. John Coluski, Jeff s brother: Thirty-three years ago when our family moved to Livonia, what brought us here was the nice mix of zoning that was in a square mile. There wasn't all one consistent density of buildings, not a row house development, a mix of green space. It seems as though Livonia considered Industrial and put it in its proper space. The green space in this particular mile now seems to be encroached on because Livonia is somewhat mature. Developers have leased spaces to build on. This area is zoned for residential, I think one dwelling per acre. What we are opposed to is increasing that to a higher density so that it becomes more of an overbuilt area. Also this area has built up with water continuously over the last years. The Wetlands Act has been enacted specifically for this purpose proving that over time that over-developing certain areas does prove detrimental to the ecological system, as well as the surrounding areas. I would like to encourage you to keep this area clean and enforce what is currently there and preserve what you have stated in your Woodlands Act that states that trees over 3" are to be preserved and that the current zoning stay and be developed as half-acre lots. Hecter Goerman, 31020 Six Mile Road: I do not like the idea of 80' lots. One-half acre is more acceptable like the new subdivision, Willow Creek, that we fought for and that .iin,. just went in. There on Six Mile I own 240' across and I have 40'x240' of woods there backing up to the subdivision behind me, and I don't mind paying the taxes to those people to see those woods because it also keeps me from looking at 2-1/2' lots that are covering the back of my property. I don't like to see and hear the dogs, the kids in the woods. I have 2 acres fully landscaped. I put a lot of trees in every single year and the woods that are back there, I can walk back there and my grandkids go back there to play. I do not want another subdivision with all those houses coming out, the school buses lining up, the cars having to wait for the school bus kids to get off, like it is now at Willow Creek, because every house has at least 2 cars, at least 2 kids and 1 dog. Mark Snitchler, 30571 Bobrich: After talking with a number of my neighbors, many of whom were referred to in your opening remarks regarding the 80 names referred to in the petition and letters to the Planning Commission. It appears now that the total number of names that will be submitted to the commission exceeds 120. The point before making my remarks to the Commission, there is overwhelming opposition to this project by the community. I have taken a blowup of the proposed subdivision and shown all the homeowners who have signed petitions or sent letters to the Commission indicating their opposition to this. Another point I would like to make is that during the introductory remarks the reference to David Jakiebiac on Rexwood - I am holding a petition that was signed by Mr. Jacubiak, as well as his wife, dated February 12, 1996, and at the top of this he notes "Disregard my previous support" and he demonstrates his non-support. 14697 Talking with my neighbors, many of the points that have been raised here this evening, the fact of the matter is that the majority of the adjoining landowners �.. protest this. The various reasons are given due to the esthetics or the intangible benefit of having the woods abut the property. It's clear that the woods and the frontage does give a buffer to the Brookwood Estates frontage on Six Mile from the traffic and the noise, and there would be a diminution if not from the monetary value, at least in the esthetic value of the homes looking out your back window, and as the previous speaker testified, not to see someone else, but to see the woods, to see the trees, to see the squirrels. In addition to the complaints and arguments that have been alleged, I think that there is a more substantive reason for the Commission to deny the request for rezoning. Every Spring, as well as into the summer, we have a lot of standing water. We are very concerned with the effects of the water, where that water is going to go if that property is going to be developed. There were several instances last year where we had an over-capacity. There was some reference about a review by the Engineering Department as to there being some need to look at the drainage basin to see whether or not it would be able to accommodate this. I think that is a very fundamental concern that needs to be addressed. In addition, we have a significant change in the character of the property. For one to drive on Six Mile now, you will note you have the Holy Trinity Church, which is immediately west of where this proposed property is and then a few homes scattered until you get to the entrance to Brookwood Estates, and then light development from that point on until you get to Middlebelt. The proposal that we have here now would very intensely develop this area and �,,.. cause a loss of these woods between Brookwood and Six Mile, as well as the loss of the natural buffer that the church enjoys. I know that speaking tonight will be the pastor of Holy Trinity Church who likewise objects to this development, and in fact had made offers some time ago to purchase the property because the church wanted to preserve the woods behind them and to the east. My suggestion to the Commission would be that there has been no need shown to change the zoning from the way it exists. I agree that there shouldn't be a taking of the existing landowner's right to do with this property what they see appropriate, but the fact of the matter is that when someone did buy the property, they knew it was subject to this zoning and they were taking a gamble that the zoning could be altered at some later date. I think that's a risk that the purchaser assumes and not the people who enjoyed this property for 30 years. I would submit to the Commission that it would be a fair and equitable solution to allow the developer to develop it, if necessary, but to keep it half-acre lots. The other suggestion we propose that if there could be some type of split zoning, where there could be an accommodation of everyone's interest, that is, to create a buffer where the trees and the bushes and the shrubs are left intact along the Brookwood Estates boarder, as well as along the Holy Cross boarder so that the owner of this property if its deemed prudent could realize some additional benefit by developing this property, but by the same token the adjoining property owners who strongly object to this and who have enjoyed this property in its natural condition are likewise recognized for their opposition to this project. 14698 Mr. Engebretson: So you suggest that if there were such a zoning action that that area that was left in the natural state then be acquired by each of the abutting property owners? �... Is that your proposal? Mr. Snitchler: No, I think that there could be some type of deed restriction placed on the developer, as developers do all the time, sometimes designate common areas that would be controlled by a Homeowner's Association. It could be the same thing here: A Homeowner's Association who would take title to this property and it would be preserved for the benefit directly for all of the houses that are a part of the development, but indirectly for everyone and all the adjoining landowners that have enjoyed this property. Mr. Morrow: When you sent out your petition, were they aware of what an R-3 zoning was, that it is considerably larger than the lots that they are on? Mr. Snitchler: I think that everyone that signed the petition had notice from the Planning Commission of today's hearing that is making this property zoned for a more intensive use than the use that is currently permissible. Mr. Morrow: O.K., and that the homes were going to be in the range of a quarter of a million dollars? Mr. Snitchler: I think that's what Mr. Soave indicated when Mr. Brock spoke about the property that he had bought, that Mr. Soave was going to develop $250,000 to $300,000 homes, as well as sending a proposed plat. But it is my understanding that where we are at today is just to get before the Commission the issue of rezoning, and once it is rezoned it has to go back to the Commission for site plan approval. As long as the 80'x120' lots are approved, he could change that. There has been no finalized plans submitted as to how this is going to be platted and developed, so until that time that plan is submitted and approved, that's up for grabs. Mr. Morrow: I concur with what you say, but I had heard other things that related to property values and this type of thing. Our role here tonight is to look at this piece of property and to look at this and see if that is compatible to the neighborhood that is there, analyze the amount of woods on it, analyze any esthetics that it might have. Would the zoning be appropriate to the surrounding area? You're right, they would have to come back with a plan and at the time the things we were talking about would be looked at and if it is acceptable based on the surrounding area. There is a lot of the residential that is a little more intensive than an R-3, but I see about 6 lots that are RUF, possibly 2 or 3 more than that. The vast majority of people on your petition are backing up to homes that are already behind them. Mr. Snitchler: Because of the size of the development, it would be impossible for me to show you 120 homeowners who are objecting to it, but I think the significance of this poster that we put together, all the homeowners that object to that encircle that development. 14699 Pastor William Lindholm, Holy Cross Lutheran Church, 30650 Six Mile Road: I have been the pastor for 26 years. Holy Cross Lutheran Church owns the ten acres of property %%Or to the west of the proposed rezoning parcels and includes 927.5 feet that directly borders the proposed rezoning. We hereby state for the record that we oppose the proposed rezoning of these parcels. We believe that Livonia is one of the best cities in the world and zoning should not adversely affect present property owners, but benefit all the citizens--not just a few profit-making interests. We have not seen evidence which shows a compelling need for smaller lots or additional housing in this area at this time. On June 17, 1990 we had accepted a "gentlemen's agreement" to purchase the wooded area along our property to the east which is part of this proposed rezoning. The purpose of the purchase was to protect the esthetics of the brush, wetland and wooded areas from future destruction as well as provide a buffer for our operations and the neighborhood so that our functions would not be too close to bother the back yards of nearby residents. Unfortunately, the seller suddenly reneged on the offer and it was sold to Mr. Brock. We have also been contacted recently by two real estate agents wondering if we might want to sell the back portion of our property made up of brush and trees to developers for the purposes of selling lots and houses. We wish to state to the Planning Commission and to adjacent property owners that we do not wish to sell this land because of its wooded beauty, and it affords separation and privacy. We ',oar wish to hold the woods and trees in trust for the environment and for the people. We could make a handsome profit by selling this land. We want to live in a city that has woods and parks and trees and spaces instead of congestion and high density that is detrimental. Holy Cross Church has been serving the City of Livonia for about 40 years. We have about 400 families. However, many community organizations and individuals of the community that are not members of our church use our facilities. The City of Livonia uses our building to distribute federal government surplus food. The office of the Wayne Metro Services is located in our building to provide for the social service needs of many persons. We have a Food Closet operating out of our facility for any hungry Livonia citizen. Besides the loss of esthetic enjoyment, density, congestion, and damage to the environment, we also raise the following serious concerns for our church if the area is rezoned without a buffer zone (trees, brick wall, privacy screen): Safety and Liability: With housing right up to our parking lot and exit, which has quite a bit of traffic at all hours of the day and evening, children can run out onto the parking lot and be struck by cars. Two children have been killed by traffic in front of our church. Vandalism: Unless the developer provides a barrier, we fear that we could suffer 14700 even more vandalism from additional residents. For example, we resided our garage with vinyl siding this fall, but only one month later it was damaged by BB ;,` shots. Our stained glass windows have been damaged by BB shots, our flood lights smashed, our vehicles damaged, our custodian was even shot in the ankle and the back while moving the lawn. Interference with Operations: We have social functions that last up until midnight. We fear that cars existing our parking lot will shine their headlights onto the rear bedrooms of persons living on our property line, and may cause complaints, which we do not now have. Unless there is a barrier provided, we fear this would interfere with the church's present operations. Finally, if the issues of the overall good of our community, existing zoning integrity, destruction of nature, esthetic enjoyment, population density, destruction of the environment, and possible interference with a long standing church operation, are found to be less important than a profit-making subdivision program, the very least we ask is that the developer provide a barrier between our existing church operations and residential units. Mr. Engebretson: Would you clarify your comments of the "gentlemen's agreement" on June 17, 1990 between you and the seller of Mr. Brock's property? Pastor Lindholm: The seller agreed to sell the three lots that are in the back and we took this to the congregation and there was a vote on June 17, 1990 agreeing to buy it, but he reneged and sold it to Mr. Brock. Mr. Engebretson: All 4 parcels? Pastor Lindholm: No, only the three rear lots. We were told Mr. Brock was selling the house and we were just buying the three and the only reason was to prevent what we are going through tonight. A lawyer told me the agreement would have to be in writing. Our end was in writing, but he did not sign it, so we lost it, but I am telling you that we are doing everything we can do to provide some sort of buffer there, and maybe the developer there will see fit to do something like that. Tom Brzezinski, 16853 Ryan Road: I have lived there for almost two years. Before then I lived on one of the half-acre lots in Brookwood Estates for three years, and before that I lived in Nottingham Woods, which is also at Six Mile and Merriman, and they also have half acre lots. I lived there for 20 years. One of the key selling points of this area of Livonia was that we don't have a lot of extravagant homes in this area, but it always seems to be the half acre lot people, the people who like the big lots, are the people who come in to buy in these areas. I don't want to lose that. I wouldn't like to see this area being divided into one-quarter acre lots. When I bought into Willow Creek Estates, I talked to my builder, Livonia Builders, and it was apparent to me that she came to you and petitioned to have our lots made into quarter-acre lots. That petition failed and she was required to build half-acre lots. 14701 I thought that possibly that would be a precedence for this area. I am concerned now that because of the large scale developments that are possible from behind `.. my house and behind the other street of Ryan, that maybe we are going to have areas like this on either side of me and I hope that the precedent set back with my builder would be set with this builder. Mrs. Bohley, Purlingbrook: Our lots are almost an acre, but most of the land is to the side of us, so they are not deep they are wide. I am opposed to this because first of all this man said he would deed some property to get back to those lots. We live on one of those nice deeded things, and we have to take care of it because it is not maintained. It is a real mess. You have to have from what I understand from the Engineering Department 60' roads. Is that right? Mr. Engebretson: Typically, that's correct. Mrs. Bohley: I don't think you have 60' on either side of your house to get back to those lots. You would have to be knocking down houses on Six Mile to get back in there. Mr. Nagy: I think the plan is to remove one of the houses. It will be a dead-end cul-de-sac. Mrs. Bohley: Right now we have people coming down and literally go down the road right back to the woods with their lights on saying "how do we get to Brookwood", so if this subdivision goes in, what are we going to be putting up with? We have a `,r„ sign at the beginning of our street that says "dead end street", we have a sign on our property that says "private property", but people don't look at that. Traffic- wise that is going to be a real problem. Mr. Nagy: This subdivision will end in a cul-de-sac just like the gentleman who spoke from Willow Creek across the road. It will be the same kind of design as Ryan Road. Mrs. Bohley: What I am saying is we have people come from the credit union come down. They think that Purlingbrook runs from Six to Seven Mile, but it dead ends at our house. Or they will come down looking to get into Brookwood. Whether it goes into a cul-de-sac or not, I think it is going to be a real problem for our property. Mr. Engebretson: Mr. Nagy, looking at that map I understand that the vast majority to the north and east is zoned R-1A. In the area zoned RUFC, the 5 homes that would, for the most part abut this property, what zoning district would they be if they were not in an RUFC zoning? Do they meet the requirements for an RUFC? Mr. Nagy: Yes, they do. Mr. Soave: This is going to be a cul-de-sac, one way in and one way out. As far as the woods, I have lived in Livonia for 25 years, I take an inventory of all the woods, I try and save what I can. I go out of my way to save whatever is feasible to save. As far as the wetlands that somebody mentioned, there are no backyard drains on 14702 the back of those homes on the old subdivision. This would eliminate that problem. I have done it 5 different times in the City of Livonia where the adjacent property owners came in and had wetland problems and within 2 or 3 years after everything has been done, that problem is gone. As far as impacting those people to the rear, this is going to be one way in and one way out. Those people in the back wouldn't even know there was a street on Six Mile because nothing would effect them. I hope you will think about this and my record and help me out. Mr. Alanskas: On that 8.2 acres, how many lots are you talking about roughly? Mr. Soave: This will be a 21 lot subdivision. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 95-11-1-26 closed. On a motion duly made by Mr. Alanskas, seconded by Mr. Morrow and approved, it was #2-21-96 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 1996 on Petition 95-11-1-26, as amended, by Leo Soave requesting to rezone property located on the north side of Six Mile Road between Stamwich Blvd. and Merriman Road in the Southwest 1/4 of Section 11 from RUFC to R-3, the City Planning Commission does hereby recommend to the City Council that Petition 95-11-1-26 be approved for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2) That the proposed change of zoning is consistent with the Future Land Use Plan designation of low density residential land use for the subject area; 3) That the proposed change of zoning will provide for the development of the subject property in accordance with good land use planing principles; and 4) That the proposed change of zoning is consistent with the overall character of the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543 as amended. Mrs. Blomberg: I just would like to point out that Mr. Soave does have to come before us with a plot plan, and when he comes before us, he will state the price of these homes and the lot sizes and the square footage of the homes. We have had so many times 14703 where we would love to save the woods, and unless you own the woods, you can't save it. I really feel badly to have to take the woods away from the people who ,` feel they own it. I would feel that way too, but we don't own it, and $250,000 homes would improve the quality and the prices on your houses, so I will support the motion. Mr. Morrow: John, if it were to be developed RUF, what would be the lot coverage there? Mr. Nagy: You have 8-1/3 acres here, so under RUF you are looking at 12 to 14 houses. Now when Mr. Soave when he comments on his 20 lots, I am not sure he is factoring in the land that Mr. Brock has. If he factors that land in and they join in one subdivision for the area, then you might be looking in the area of 28 to 30 lots. Mr. Soave: With all due respect to Mr. Nagy, we have 21 lots on the whole thing. If there is to be retention area on the first lot, we will have 20 lots. Mr. Nagy: As long as you are going to stay with 21 lots, it will be 21 lots. Mr. Soave: Yes. I will stake my name on it. Mr. Engebretson: Then we will have 6, 7 or possibly 8 more houses than if it were developed in the RUF. Mr. Nagy: Correct. Mr. Engebretson: Having read the documentation that we received, I was concerned about the number of letters that address the issue of the devaluation of your property. I went to see our Assessor today, Judy Nagy, and learned from her that she is not aware of a single instance in 20 years where the construction of new homes adjoining other residential property has decreased property values ever. The second point is that because you have signed this petition and there is pretty much unanimous opposition to this zoning change from those people immediately surrounding the petition, that constitutes a protest petition which has great significance. It is important that we understand how you feel about that. The Planning Commission deals with matters in the recommending mode. We only deal with majority votes here, however the final determination on these matters is made by the City Council. A protest petition requires a majority of votes in order for a zoning change like this to be successful, and that majority is 6 out of 7. A roll call on the foregoing resolution resulted in the following: AYES: Alanskas, Blomberg, LaPine, Piercecchi, Morrow NAYS: Engebretson ABSENT: McCann 14704 Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. `w. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-1-1-1 by Ashley Construction Company requesting to rezone property located on the south side of Lyndon Avenue between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 19 from RUF to R-3. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from our Engineering Department dated January 23, 1996 indicating that they have reviewed the petition and they have no objection to the proposal. We have a letter from a lady who gives her address as 14550 Stonehouse I am in the unique position of being a homeowner and a licensed residential developer and real estate sales person. I am well aware of the ramifications of the proposed rezoning of the Perky Kennel property. Although I am unable to attend the hearing this evening, I would like my letter read to the Commission and audience. I would not in any way wish to be a deterrent in the ability of the owner of Perky's to sell his property to the highest bidder. He's been an excellent neighbor and we all have the highest regards for him. My concern lies with developers who have no interest in what they create except for their financial profits. The neighborhood will be here long after they are gone. I would not object to rezoning only if some provision is made to protect the one irreplaceable resource--the trees. The reason I bought in this neighborhood nine years ago is the existence of mature trees--not just on Perky's--but through the subdivision. You can buy new and more expensive houses in other parts of Livonia but not many with these spectacular trees. Indiscriminate leveling of these trees, purported to be some of the oldest in the city would be a disaster and certainly impact on the character of the neighborhood. We are losing many of our maples now because of disease. We can't stop progress, but we can at least make an attempt at control of our natural resources. The best solution here would be a small, City-owned park within the project so ownership of the majority of mature trees would remain with the city rather than individual property owners. I feel the city must consider this issue when granting a rezoning of this property. Signed Sincerely by Jane McCarthy. We have another letter referencing the petition signed by three property owners: Please take into consideration the effect of the rezoning of Perky Kennel property on the environmental habitat and survival of mature trees. We feel the neighborhood would be adversely affected if developers were allowed to level the site. Also the City should retain ownership of largest amount of existing trees with a park. Signed by Roger E. Hanton, 14553 Stonehouse; William Reel, 14541 Stonehouse and Glen Lundgren, 14562 Stonehouse. 14705 Mr. Engebretson: Is the petitioner here? Ernie Bourassa, 17570 Ellen Drive: We have put in four other subdivisions in Livonia. We try everything we can to preserve the trees. We do not intend to knock them down. The proposal is having a cul-de-sac which would come in southbound off of Lyndon Avenue,just come in and make a little turn, and come straight back out, leaving basically the outside perimeter intact. Mr. Engebretson: How much of that outside perimeter would you intend to leave intact? Mr. Bourassa: The lot would be basically 80' wide, 120' feet deep, and by the time we put in your 60' cul-de-sac you're basically right in the center of it. That Perky dog kennel building would be taken out. There would be 2 or 3 lots on Lyndon Avenue and then the rest would be in the street in the center of the property. Mr. Engebretson: So the homeowners on Richfield and on Stonehouse would have some visual barrier between this development and their existing property. Mr. Bourassa: The people on Stonehouse would have the backyards of the cul-de-sac that would be in the center. On Richfield there is one parcel of property that comes out, there's no house on it right now and will remain as it is. The cul-de-sac would come in off of Lyndon and basically just make a turn in the center there and go back out. All the houses would have backyards to them. soar Mr. Engebretson: Would you be developing that vacant piece of property currently on Richfield? Mr. Bourassa: It's already developed. We would build one house on it. Mr. Alanskas: Did you say there would be three lots on Lyndon Avenue, or five? Mr. Bourassa: It depends on which layout we go with. We have two in mind. Mrs. Blomberg: I would like to know the price range would be. Mr. Bourassa: I would assume that they are all going to be between $225,000 and $250,000. Mrs. Blomberg: And the square footage? Mr. Bourassa: The square footage would probably be about 1800 sq. ft. for colonials, 1500 to 1800 for ranches, but probably the colonials and cape cods would be going in there. Marilyn Pachota, 14315 Richfield: We purchased our house on an acre of land about 7 or 8 years ago, and the big charm about it was that we didn't have to go to Canton or Plymouth or parts west because we had paradise right here in Livonia. We had a rural lot with lots of trees. I'm not worried about their trees because I have enough of my own, but it's the 14706 idea that when we bought the house we were on a rural setting and were under the impression that the zoning was for that type of lot and we assumed that the Planning ``r. Commission would honor that and maintain that. We are disappointed that this is being considered. We are on a dirt road and it's a very rural setting. I feel that the only one who will profit out of this of course will be the builder. It would lessen the value of our home. The area on Richfield now is one story and they are proposing two story homes and that would detract from our value. I feel that we are being sold short by the Planning Commission by not honoring the rural setting. Mr. Engebretson: Regarding your disappointment that this is even being considered, all landowners in Livonia have a right to file a petition. We have the obligation once they have done that, paid their fees, and complied with all the requirements of the ordinance to hold these public hearings, give notice to all concerned to make whatever remarks they feel appropriate, but this isn't something that we are initiating. The petitioner and landowner initiates that and we are totally obligated to go through this process. I would like to put your mind to rest regarding the decrease in property values. Judy Nagy is just absolutely, unequivably certain that there has never, in the 20 years she has been a part of that office, that residential property has been devalued by new property going into the neighborhood. Mr. LaPine: We were out there Saturday and do you believe that by developing a subdivision that it would be more of a hindrance to you? Those dogs barking constantly! ,., Mrs. Pachota: After you have lived there a year, you don't even hear them. Mr. Piercecchi: My understanding is that the limited opposition to this is the result that the dog kennels are going to be removed. That's why I think the residents in that area did not kick up a big fuss. There was no one else wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 96-1-1-1 closed. On a motion by Mr. LaPine, seconded by Mrs. Blomberg and unanimously approved, it was #2-22-96 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 1996 on Petition 96-1-1-1 by Ashley Construction Company requesting to rezone property located on the south side of Lyndon Avenue between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 19 from RUF to R-3, the City Planning Commission does hereby recommend to the City Council that Petition 96-1-1-1 be approved for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding uses in the area; `„ 2) That the proposed change of zoning is consistent with the recommendation of the Future Land Use Plan for low density residential for the subject property; and 14707 3) That the proposed change of zoning will provide for development of the property consistent with the surrounding area. fir. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543 as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 95-12-2-35 by the West Livonia Congregation of Jehovah's Witnesses requesting waiver use approval to construct a church on property located on the west side of Merriman Road between Norfolk Avenue and Fairfax in the Northeast 1/4 of Section 3. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: The Engineering Department in their letter of January 15, 1996 states they have no objections. The Traffic Bureau of the Police Department in their letter of January 22 responds that they have no objection to the site plan as submitted. The Inspection Department in their letter of January 24 referencing the subject petition states that they have reviewed the site plan and no objections or deficiencies were found. The Fire Marshal in his letter of January 17 indicates that they have reviewed the subject petition and they have no objections to the proposal. Lastly we have seven letters indicating their opposition. Mr. Engebretson: I have received one of those letters from the immediate neighbor to the north, Diane Ruth Arpino: When we purchased our nearly two acre parcel eleven years ago and built our home, we did so because we enjoyed the rural flavor of the area. We spent extra money to move Edison Lines and extra for all utilities to build our home away from the road to avoid noise disturbance. Since that time there have been many changes; apartment buildings, condominium projects and many, many new homes have been built i the area. Progress is wonderful! However, I think we're not seeing progress in this proposal. There are many acres of valuable land in the area that could be potential half acre lots with homes, without damaging the existing properties. This is an older area that is growing by leaps and bounds. If this proposed building is allowed it will stop any further growth. Who will want to build their dream home next to a parking lot? I have a home next door to this proposed building that is worth in excess of a quarter million dollars! That's a big investment to me! That represents thirty years of hard work for my husband and I. That is the place we intend to remain for the rest of our lives. God willing, a long time! And now you're asking me to live next to a building that should be in a commercial area. I don't believe that is a fair proposal. I can only speak for myself and my husband, but believe me, you'll be hearing from many other 14708 residents that are impacted in the same way. so.., This is not progress, this is not fair and this is not in keeping with our own city zoning ordinance 19.06. That ordinance states that the proposed must: 1) be in harmony with the development of the surrounding neighborhood, 2) meet with the general character and intensity of the existing and potential development of the neighborhood, 3) not impair the value of neighboring properties nor discourage appropriate development in the area. Please see fit to deny this proposal. If you would like a better feel for the area or any questions answered, please feel free to contact me at (810)471-3304. I would be more than happy to answer your questions. I, also, invite the Planning Commission to my home so you could meet with several neighbors and examine the site. Thank you very much for your time and consideration. Mr. Piercecchi: There is a protest in reference to a rezoning. Would it also apply to a waiver? Mr. Engebretson: No. A waiver would only require a majority vote of the council. If it is denied the petition has to be appealed. If we approve this proposal, it goes automatically to the Council for their determination. Ronald Ludwig, Livonia resident and member of one of two congregations that share the Kingdom `41,,, Hall on Seven Mile just west of Osmus: Our intention is to build a Kingdom Hall that is very much like a residential building in style; low eves, low hip roof style. This is not an imposing building by any means. We feel it would fit in very nicely with a residential neighborhood, although it will have a larger parking lot, of course. The little house at the front of the property, which is really quite old, and probably does distract from the property immediately to the north, we are planning as a Phase 2 to improve that house. We think that in terms of appearance that this will be an improvement and an appropriate use of the land. Mr. Alanskas: You want to put in a 5030 sq.ft. building? Mr. Ludwig: Yes. Mr. Alanskas: This building you are in now, how many square feet is that? Mr: Ludwig: It's about that same amount, but it's on two levels. It was built in 1969 and it is not barrier-free and that has been one of the challenges for us, to try to make that building barrier-free. Because it is a two level building with the lower level partially under the grade, it has been difficult to come up with a suitable plan to make it barrier-free. We did look at those possibilities, but came to the conclusion that we should build new. All of our congregations in the metropolitan area are building the style of the building that we are recommending. Many are in residential neighborhoods and they blend in quite nicely, and we don't feel that they are in any way a detriment to the appearance of the 14709 community. *sr Mr. Alanskas: If you have 5000 square feet now and where you are moving you will have the same footage, what are you gaining? Do you have plans to make a larger building down the road? Mr. Ludwig: No. We feel that this building is adequate for our needs and our growth is modest in this area. In other parts of the world we are growing like a house afire. The present building we have on Seven Mile is the only building we have in Livonia. We want to have one in the community at the present time. Mr. Alanskas: How many members do you have in your congregation? Mr. Ludwig: In the West Congregation about 100, in the East Livonia congregation at 125-130. In total we have about 50 families who are Livonia residents. Mr. Alanskas: On a weekend service, how many cars would you say you have in the parking lot? Mr. Ludwig: We would probably have from 50 to 60, and a typical Sunday attendance would be about 125. Mr. LaPine: Do you have an option to buy this parcel with the understanding that you get all the approvals? You don't own the property outright? fr.. Mr. Ludwig: We have made a deposit contingent upon getting approval. Mr. LaPine: You own the property on Seven Mile? Mr. Ludwig: Yes. Mr. LaPine: Can you modify that property to make it barrier-free? Why do you want to move that location besides not being barrier-free because that can be fixed? Mr. Ludwig: If we were to expand the lower level, we would have to excavate down into the ground and create an L-shaped building, expand that. We would also have to excavate down into the front of the property, create a driveway and parking spaces for handicapped and a new main entry at that lower level in order to be truly barrier-free. There would still be steps in the back to be encountered by the elderly or infirm. If we expanded the upper level and added a larger auditorium and barrier-free restrooms on the upper level, we would also have to raise part of the grade in the parking lot in order to accommodate barrier-free parking. We would have to have a driveway that ramped up to that parking and back down again. We looked at the expense of that and felt that we would be better off to try to sell and build new. r.. Mr. LaPine: Have you looked at other parcels in areas that are not so close to residential homes? 14710 Mr. Ludwig: There was a parcel on the north side of Seven Mile, east of Newburgh, but it does have a park joining the property and does have homes north of it, but we understand that did sell to a developer before we had a chance. Another parcel on Eight Mile, between Farmington and Newburgh would have been a suitable size, but it had residences immediately on the west boundary of the lot and we don't know about the zoning on the east boundary. Mr. LaPine: Do you have services during the week, or just Sundays? Mr. Ludwig: We have services on Sunday morning and afternoon, Tuesday evening, Thursday evening and Friday morning. Mr. Engebretson: Mr. Nagy, would you venture a guess as to what percentage of churches in Livonia are located in residential areas? Mr. Nagy: I would guess 75-80% at least. Mr. Engebretson: Do you have any plans to rent out the facilities for use by others? Mr. Ludwig: Absolutely not. We know that the name Kingdom Hall is a source of confusion. We never would rent our facilities to anyone else. Diane Arpino, 20135 Merriman: I am the lot next door to the north. I would like to present the fir.• commission with some petitions that are signed by the neighborhood with about 145 signatures. We also have a letter from a real estate agent that states that it would effect our property values. I got that information from a lot of real estate agents, but none of them would put it in writing. I also talked to an appraiser and he said that a building like this in a residential area would probably drop our property values from 8-10%. From the plans we've seen, the building looks like a commercial building. There isn't a window in it and the response I got from most of the neighbors is that it looks like a funeral home. I don't feel that is in keeping with our neighborhood, and I really don't want to see it go in. We bought that property 11 years ago, built our home and enjoyed our home there. It is a rural residential community, over half-acre lots. People have worked hard to build their homes and they want to keep it that way. I would like a show of hands from people here who are opposed. These are all neighbors who are nearby. You say it is a church and that the zoning is proper for there, but it sure doesn't look like one. The present building is actually about 130 sq.ft. bigger than what the proposed building is. Another major concern that we have is for the traffic in the area. Merriman Road is two lanes and from the information we have from Wayne County, it sounds like it is going to remain two lanes for years. It is next to impossible to get out of our driveway right now. To turn left on Merriman, you might as well sit there for 15 minutes. We have a lovely residential area there now and there is room for more growth. There should be homes in the area; there should be families living in the area. Right now there is about 18% of Livonia that is non-taxable property. This will be just �,.. another tax burden to all of us. The congregation is in our community a few lots away and I don't understand the reason for the move. We wanted to buy the property to keep 14711 anything like this from happening. I know what the cost of the building would be and the cost of this property. It sure would be a lot more feasible to add on to their building. �., It would be better for the City to have the church added on to, it would be better for homes to be in that area, and it sure would be better for the residents. I would appreciate it if you would deny this petition and give the people back their neighborhood. **9:00 pm: Mr. McCann arrived at this time. Alice Melaragni, 31492 Norfolk: We have lived here 13 years. We have one church across the street and that church has activities going there 5, 6 and 7 days a week. We also have the apartments there and now we are going to have another church on this side. We don't need the congestion and traffic. We have one heck of a time getting out to the road. We would rather have homes. That place is meant to have homes not commercial property. We have commercial property at Seven Mile and Merriman Road and since they have been built, there is always vacant space. When you have a vacant building, you have problems. We need taxpayers, not freeloaders. Mr. Engebretson: I have never heard such an outcry against any other church in Livonia. This is a first. We have built churches, we have expanded churches and I am amazed at the way that you are categorizing this as commercial property. Churches are not only a permitted use in residential property, they are a preferred use. With regard to traffic activity, we have that problem throughout Livonia. I try to get on to Seven Mile Road and have to struggle to do that and it's the same on Eight Mile, the same on Merriman, `\r the same on Lyndon and the same throughout the City. As I understand it, this church is going to have activities Sunday morning, Sunday evening and one or two evenings in the week and Friday morning. It looks like it is more of a benign use than 20 or 30 homes back there. I would appreciate it if we would be respectful of the petitioner. We may not be as familiar with that denomination as some of the others, but I think to characterize them in the way that we heard tonight is inappropriate Kathleen Blares, 19794 Merriman: I am in the new construction that was recently started. My husband grew up in Livonia for the first 24 years of his life, moved out for 17 and we got the chance to come back. We looked for months, drove by this property and said "No, not on a main road" and we continued to go by. We met with the builder and found out it was a half acre and the lots were beautiful. Our main concern was that between Seven and Eight Mile on Merriman it is mostly residential and that is why we wanted to move there. If you drive up and down Six Mile or Seven Mile or Eight Mile, in between scattered residences are businesses. I understand that it is a church. I belong to a faith and I don't think that the point is what denomination it is, I think that the residents understand that it is just another building. The reason we moved here is because it is all residential and we do have a big traffic problem. Who's going to buy the building they are in now? I am concerned about that. Mr. Ludwig: I will be happy to address some of those things in a moment. Gentleman from the church: Our times of letting in and out of our services is in the evening around 14712 9:00 p.m. when usually traffic has died down by then, and Sunday afternoon is not usually a lot of traffic. The size of the lots are 500' deep and I would assume that the �,. lots on the west side are also 500' deep and along the back part of the property it is very wooded, enough to detract from any visual view of the building from the back side. Ron Fegan, 31516 Norfolk: My whole back view would be hampered by any rather large building that would be close to the property line. I have seen some drawings and it concerns me that a building will go in where there is lots of small animals and loads of bird life. One of the reasons we enjoy living there like we do is that if they are going to put a parking lot in there with 60 cars, there will be parking lights that I assume will be on all night. We spent a lot of money on this home. We moved into this area because we liked it and now they are going to put what they call a church. I can't call it a church. To me a church has a steeple and windows with stained glass in them. The neighborhood, 120 people, signed a petition because we are all very concerned. Why they want to build a building like this in this area, I don't understand. How tall is this building going to be? Mr. Nagy: The overall dimension of the building is 76'x50'. The front portion of the building where the carport is, that wing is 28'x44'. The highest point is 22'. Mr. Engebretson: How tall is your house, Sir? Mr. Fegan: My house is a two story colonial, say 30'. It's a home. When you live in a residential area you don't mind looking at homes. fir► Mr. Ludwig: We do not add steeples to our buildings. Depending on where it is sited determines where we put windows. Although it is not in the traditional mode of a church, it really resembles a large residence. Betsie Maxwell, 19985 Merriman: I hope we figure out a good community solution. I have grown up in communities where churches were established and the residences have grown up around them. The church people were having functions in the summer and it just changes the nature of the neighborhood. There is a lot of activity and noise that we were not used to. I express the same concerns about the traffic, the lighting that would have to be around the structure and headlight traffic. We had hoped to purchase this property also. Everyone who had talked about purchasing the property talked about renovating the house or replace it with another home. I think there is the possibility to use the property very gainfully that way. Mr. Engebretson: When did you try to buy the property? Mrs. Maxwell: We had asked the owners to notify us when it was going to be on the market because we were aware that they were going to be relocating or make that property available. We were not notified nor did we see anything posted so we didn't get to make an offer. Joe Essa, 19823 Merriman: I have lived in Livonia for 20 years now. One of the first subdivisions on Merriman Road started about there. My objection is anything that is non-residential 14713 at this point. When I moved there it was much more rural and you know there is going to be some development, it can't stay empty forever, but it has evolved into a wonderful sow residential area. When I moved onto Merriman I said I didn't know if I wanted to stay on a main road, but it hasn't been as bad as I thought because it has turned into residences. Since it has evolved into a very nice residential area, I think it should remain that. David Smith, 20015 Merriman: I can only concur what the rest of these people have said about this. The front door of that building is going to directly face my front door. I'm going to look over 50'-60' and here is this stupid building here. We do not want this thing in the neighborhood. Mr. Ludwig: Let me take the issue first of the view of the building and headlights from cars. We plan to berm the edges and the two sides and the back adjacent to the parking surface and plant dark green arborvitae about every four feet to create a dense hedge. These plants will grow to about 6'-7' high and fill out nicely to screen the parking lot. We are proposing about 180 of those plants to be put in. The parking lot lighting, the City only allows fixtures 20' high and we would like to use that type. The fixture itself is aimed downward at the parking surface. It does not project out. There are shields mounted on them to further restrict the spread to adjacent properties. We wouldn't have them on all night long. We would have them on only when they are needed at night. Mr. Alanskas: With a 9' wide greenbelt, how high could it be? Mr. Nagy: Arborvitae get to be 15' to 20'. The berm itself is 18". Mr. Engebretson: Mr. Nagy, can you verify the characterization of the berm and the landscaping to provide immediate shielding of things like lights, or would it take a few years for the arborvitae to grow sufficiently to provide a shield? Mr. Nagy: With a 9' area you are never going to get a total screen. It will soften it, but you will never get an opaque screen. Four feet of planting will be about car height and take about three or four years to really establish itself. Doug Maykovich, 20100 Osmus: I own the property directly west and the property north in back of that. In my opinion and obviously the majority, that's a misuse of the property. I have something here that says you can put 20 houses in there and still keep an RUF zoning. I think the taxes that those homes would generate would fit our school system and City a lot better. Mr. Engebretson: The land is there and no one has chosen, for whatever reason, to develop the area and now we have a petitioner before us with a permitted use that seeks to occupy that property and we are trying to sort out all the pros and cons. `r.. Jerry Kennedy, 31500 Pembrooke: I have been a resident of the area since 1959. I have raised three sons who played in the area. I am opposed, but is it a done deal? I went by Seven Mile 14714 Road and Century 21 has that church listed now. Since 1959 my property has increased about ten-fold. I would imagine the church also since 1969 has also reaped a profit. Would this money be going into building their new place rather than revamp the church they are in? It seems to me it would be easier to take your money and build a new place rather than revamp the one you are at. Phil Barbino, 20135 Merriman: About the comment you made about purchasing the property in the back and building there, I tried to purchase that property to go with Mr. Maykovich and build together , but I guess I was overbid. He does have plans on that for the last 2 or 3 years to develop that back and put about 20 homes. If I were to purchase that property, I would put 4 homes back there and I would have put homes in excess of$200,000 each. I talked to the real estate and the church on Seven Mile has been sold to another religious group. The gentleman said it was too hard to add on. I've been in the building trade all my life. If they are not capable of adding on 1000' feet to their building, I will show them how and donate my time. Lady from the audience: The parking lot is going to be the biggest problem. There is a church already existing on Merriman, in the summertime when the church is not going on there is a whole bunch of rollerbladers and they are always there playing hockey and it would be like right in their backyard. Mr. Morrow: Mr. Chairman,just a comment, it is my understanding that this is a waiver use. not a permitted use. 'gay Mr. Engebretson: That is correct. Gentleman from the audience: Did I understand you to say that no one has come forward to develop this land as residential? Mr. Engebretson: No one has brought a proposal to the City, at least not in my time here. Gentleman: I guess that would be understandable since there has never been a for sale sign and people don't know. Mr. Engebretson: Almost every proposal for residential development that comes through much like this one, no one knew the property was for sale. These developers find this property. The City certainly doesn't require the owner to advertise the property. Mr. Ludwig, do you have a purchaser for the property on Seven Mile? Mr. Ludwig: Yes, we do. Mrs. Arpino: They were talking about the landscaping part there, they should definitely put a block between our property. I understand the church has a right to petition to be there, but right now we have put a lot of investment in our home. We have a nice backyard and garden. That berm and high trees is going to run water on our property and we will have shade there. I thought we had the right to put a garden in our backyard if we wanted to, 14715 and I think it is going to be affected. Our whole property is affected by this. Mr. Engebretson: John, would it be our expectation that the proposed berm that was meant to be a benefit to the community should probably be omitted and not create a shade problem for a neighbor? Mr. Nagy: I don't think an 18" high berm is going to be a shade problem. The trees will cast a shadow equal to its height and to that extent you will have shade. Mrs. Arpino: One of the other people referred to the fact that there has been a lot of activity over there the last couple of summers and we live right next door. Neighbors can have parties and do what they please. We have been faced with bonfires going on next door that are up 30' high. Is this the kind of thing that is going to go on too? These folks have had their meetings there, right next to us. Mr. Engebretson: Are you saying the congregation has had meetings there and built a 30' bonfire? Mrs. Arpino: Yes. Mr. Ludwig: How could I be responsible for that going on? That was a private party apparently. I know nothing about it. We don't do that sort of thing. We are a very quiet people. The issue of the shade from the trees, if you think about sun angles in the summer growing season, even if a tree did get to 20', it could only cast a summertime shadow of maybe `r 10'. In the wintertime with lower sun angles, yes, perhaps a shadow equal to its height, but that of course is wintertime, not in the growing season. We are good citizens. Someone else mentioned that we are freeloaders. We have about 50 families who are Livonia residents, and that means we are taxpayers. We are supportive of the community, we want to work within the bounds of the community and we want to be good citizens. We believe we have a long history of being good citizens. We respect the law, the community and our neighbors. We will continue to operate under that philosophy, the Golden Rule. Mrs. Arpino: He also spoke to this phase 2 thing with the house next door. On their plans they show that as a set back of 50'. It is actually about 34'. Mr. Engebretson: John, would you check that out and if it is show the appropriate correction. Mr. Piercecchi: I think one of the greatest things about Livonia is that there are more churches than bars, and that is one of the reasons why we have a great community. However, in the case of this church, I personally see too many conflicts in connection with Section 19.06. Section A deals with harmony with the surrounding neighbors, Section B concerns itself with traffic, Section C concerns itself with neighboring property values, Section E with periods of operation and possible nuances, and Section H with principles of sound planning. I hate to do this, but based on that I am going to offer a motion to `., deny this petition. 14716 On a motion duly made by Mr. Piercecchi, seconded by Mr. LaPine and approved, it was %or #2-23-96 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 1996 on Petition 95-12-2-35 by West Livonia Congregation of Jehovah's Witnesses requesting waiver use approval to construct a church on property located on the west side of Merriman Road between Norfolk Avenue and Fairfax in the Northeast 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 95-12-2-35 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 waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2) That the proposed use is incompatible to and not in harmony with the surrounding uses in the area; 3) That the proposed use is inconsistent with the developing character of the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. `'r► Mr. Morrow: My concern is not the appearance of the building, my biggest concern is the penetration of the more intense use into the residential character of the neighborhood. As one person said tonight, generally the churches are there first and the neighborhood grows up around it. Because we are going into a new area, and we are going to be penetrating very deeply into that lot, it is for that reason particularly that I am supporting this motion. Mrs. Blomberg:I too am having problem with this because I like more churches than bars, but because it is so residential, we feel it is an infringement in this area and therefore I will support the motion. Honestly, some of the neighbors out there, I understand you have a right to speak, but some of your negativism towards these people really made me want to vote to put in this church. Some of you were really rude! A roll call on the foregoing resolution resulted in the following: AYES: Blomberg, LaPine, Piercecchi, Morrow NAYS: Alanskas, McCann, Engebretson ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskasi, Secretary, announced the next item on the agenda is Petition 96-1-2-1 by V. C. Inc. requesting waiver use approval to utilize an SDM license in connection with a store 14717 located on the north side of Six Mile Road between Dolores Drive and Inkster Road in the Southeast 1/4 of Section 12. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have two pieces of correspondence from City departments, both of which indicate they have no objections to the proposal. Those departments were Engineering and the Fire Marshal. Terry Ferida, president of V.C. Inc. which is Value City Market. Our company bought the old Great Scott store. We demolished it and rebuilt it. The only part of the store that is not filled is the beer and wine section. Mr. Alanskas: The building between your store and the drug store which is now vacant, what are you going to do with that? Mr. Ferida: We have put it up for lease and we are entertaining offers. Mr. Piercecchi: I just wanted to wish you very much success, but I don't know if you are aware, but we do have a signage ordinance that states that your windows should not have more than 20% signage on them. Would you kindly look into that matter? ir.. Mr. Ferida: I will. Out of 14 windows, we have only three window signs, but during our Grand Opening we did have signs to let everybody know we were open. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the Public Hearing on Petition 96-1-2-1 closed. On a motion duly made by Mr. Piercecchi and seconded by Mr. Alanskas, it was #2-24-96 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 1996 on Petition 96-1-2-1 by V.C. Inc. requesting waiver use approval to utilize an SDM license in connection with a store located on the north side of Six Mile Road between Dolores Drive and Inkster Road in the Southeast 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 96-1-2-1 be approved subject to the waiving of the 500' separation requirement as set forth in Section 11.03(r)2 of the Zoning Ordinance by the City Council for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; ,,` 2) That the subject site has the capacity to accommodate the proposed use; and 14718 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area, and that the previous building occupied by Great Scott Market had an SDM license. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann: I'm going to have a problem voting for this. I realize that Great Scott had one. One of the reasons we have the 500' limitation is to limit the amount of locations where we do sell beer and wine. Many of our locations in the City were grandfathered in before the ordinance was developed. I think that if we have an area or mall like this, unless there is a specific hardship or special type operation, one license in a mall like that is more than sufficient. A roll call on the foregoing resolution resulted in the following: AYES: Alanskas, LaPine, Piercecchi, Morrow, Engebretson NAYS: Blomberg, McCann ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 95-10-6-10 by the City Planning Commission to determine whether or not to amend Section 2.06(6) of the Zoning Ordinance so as to change the definition of a front line as it regards corner lots. Mr. Nagy: This is a housekeeping chore to clarify the language with respect to the interpretation of a lot line with respect to a new planned road. The commonly accepted definition is that where you have a corner lot the narrowest lot width fronting upon a road will be the front yard. There's a conflict with respect to the ordinance where you have a new planned road. The new road therefore dictates the front yard and that sometimes proved to be inconsistent with the pattern of development of the area. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the Public Hearing on Petition 95-10-6-10 closed. On a motion duly made by Mrs. Blomberg, seconded by Mr. Alanskas and unanimously adopted it was: #2-25-96 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 1996 on Petition 96-10-6-10 by the City Planning Commission to determine whether or not to amend Section 2.06(6) of the Zoning Ordinance so as to change the definition of a front line as it regards corner lots, the City Planning Commission does hereby recommend to the City Council that Petition 96-10- 6-10 be approved for the following reasons: 14719 1) That the proposed amendment will provide a more reasonable method of determining street frontage on residential lots; and '`.. 2) That the proposed amendment will eliminate confusion and ambiguity in existing Zoning Ordinance language regarding the determination of a front lot line in residential districts. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Preliminary Plat Approval for Pine Meadows Subdivision proposed to be located on the north side of Schoolcraft Road between Fairway and Yale Roads in the Southeast 1/4 of Section 20. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: Parks and Recreation Department in their letter of January 10 states they find no discrepancies or problems with the plan as submitted. Signed by Ron Reinke, Superintendent of Parks and Recreation. The Traffic Department of the Police Division in their letter of January 22 states they have no objections with the plan as submitted. r.. The Fire Marshal in his letter of January 16 indicates they have reviewed the preliminary plat and have no objections based on the following: (1) provide a hydrant at dead-end of court in addition to hydrant(s) located along plat roadway,( 2) establish "No Parking" along that side of the plat roadway accommodating fire hydrants,( 3) if a cul- de-sac is not provided at dead-end of plat roadway, parking shall be prohibited in turn- around area from north side lot line of Bldg. #7 to dead-end, both sides of roadway, (4) extend length of plat roadway approximately 30" north. (This would accommodate tactical placement of fire apparatus and evolutions with respect residential occupancies.) We also have a letter from our Engineering Department signed by Raul Galindo, City Engineer, stating the have reviewed the preliminary plat and the following comments are made relative thereto: (1) relocate the "T" turnaround 20' further north for better drive access to Lots 8 and 9, (2) the proposed pavement should be orientated so as to provide for 14-1/2 feet between the east property line and the back-of-curb, (3) it is strongly recommended that the Schoolcraft service drive be extended across the excepted parcel to the new right-of-way. The proposed service drive would be consistent with other frontages accessing the Schoolcraft service drive in this area. Further, better alignment of this existing sidewalk areas at the current service drive dead-end would be achieved. Mr. Engebretson: In addition to that, I have two letters and a petition. The first letter is from Joy Knapp of 14629 Ronnie Lane. I am a homeowner in the SMB Estates Subdivision and I oppose the development of the Pine Meadows subdivision as currently proposed. This 14720 development, as proposed, would allow construction of a single strip of new homes with a street running behind nine existing lots in our subdivision. This in effect constructs an alley behind these homes. This is totally inconsistent with other developments in Livonia, would be seriously detrimental to the property value of the existing homes, and present safety and security problems for both the current and new residents. I have lived and been employed in various parts of this city for 43 years and can think of no other area of the city where a new access street was built behind existing homes. In all cases where homeowners have a street in their back yard (i.e., homes backing on Newburgh Rd.) the street existed prior to the home development. Therefore, any person who chose to live this way did so with full knowledge of its drawbacks and paid a correspondingly lower price for their home. I ask that you seriously consider my concerns and those of my neighbors and vote to against this development as proposed. The second letter is from James and Holly Borrusch. We are the owners of Lot 79, a lot which will be affected by the captioned proposed development with the planned road being directly behind our backyard. Suffice it to say that we have many personal concerns and reasons for being vehemently opposed to the Pine Meadows Subdivision , but those concerns and reasons aside, it is our opinion that the subdivision as proposed exhibits poor planning in general. We do not believe having a street at the front of our home (Fairway) and a street at the back of our home (Pine Meadows Court) is proper planning and in keeping with the high standard for communities in Livonia. We are hopeful that the Livonia Planning Commission will be of the same opinion. Thank you for your time and consideration. In addition I have a petition with approximately 20 signatures. Bill Donnan, with Arpee/Donnan, 36929 Schoolcraft, Livonia: I represent Mr. Ireland of Kire Homes, the proposed developer of this subdivision. We are proposing a subdivision with 9 lots. We do realize that there would be a severe impact on the property owners on the west side with a street in the rear of their homes. We understand that the City planner had some concerns about that, and we redesigned the plat. We propose to pull the road back, turn the one lot on the north end so its side facing the rear of the existing lots. The end of the turnaround is going to be at a vacant lot owned by the developer. The remainder of the four lots in that subdivision on the side we propose 31' wide, 3-1/2' higher berm to screen that road. With a 3-1/2' to 4' berm it would be very unlikely that you would see the road. If you are standing in your back yard, you would see the road, but with only 9 lots, I would expect there to be very little traffic. Mr. Engebretson: Who's going to maintain that greenbelt? Mr. Donnan: We will have to set up a property owner's association, and the owners of the 9 lots in the subdivision would be responsible for the maintenance. Jerry Pfeifer, 14515 Ronnie Lane, President of SMB Estates Civic Association: I have a letter I would like to submit to the Planning Commission. We represent 436 homes in the area. The new Pine Meadows subdivision would be embedded within the Biltmore Estates 14721 subdivision. This proposed plat layout is not consistent with the character of the homes in the area and not consistent with the norms within the City of Livonia. Our major concern does deal with the street. In an attempt to maximize the homes in the area, they have located the street on the extreme lot lines there and boarding the homes abutting the fairway. We feel that this would severally impact and have a detrimental effect on those residents. I think that this is not the normal type of situation allowed in Livonia. I can't attest as to why this lot got developed in the first place. We are going back 30 years now when the subdivisions were originally built, and this lot wasn't built, I can't attest to that. What we are dealing with now is the current situation and how it will be developed, and we are opposed to the existing layout. In particular the one thing that we were showed was that the street was only 28' wide. We feel that this would give an alley-like appearance to it and would eliminate parking on one side of the street to have proper access in and out. The dead end means you would have to back up your vehicle, turnaround and exit then. We feel that this would have a detrimental effect on delivery and trash trucks coming into a subdivision and on fire trucks. These things we have highlighted in the letter. One of the other concerns was that the way the street was going to be located on one end of the property, it would mean encroaching on the easement where there are existing utilities. Would you have to dig up the utility lines of the residents who are already there? Also besides having this second street behind these property owners, it brings up the responsibility of maintaining that right-of-way. Those residents along Fairway do not want to take on the responsibility of maintaining that right-of-way. We feel that if the objections we are raising are not sufficient, then we will have to work out how to maintain that right-of-way. Sometimes having the `,., subdivision take over that maintenance, the subdivision association falls apart and can go into neglect. About the natural drainage in the area, we want to make sure that any development in the area does not affect any drainage and any tapping into the sanitary storm sewer and the water supply lines do not negatively impact the existing subdivisions. We would like to know what type of homes are going in there, the height of them, the set-backs and the actual entrance off of Schoolcraft. We do not know too much about the builder and how he has performed in the past. Thank you for keeping Livonia a well-planned community. Dennis Szado, 14168 Fairway: If you have a street in front of you and a street in back of you, I can't see how your property value is not going to go down. I have kids. Putting a road in back of my yard, there's a chance that something is going to happen. I want them to feel safe. With a road back there, I can't feel that way. I don't think it should go through with the way it is set up. Mr. McCann: Sir, one of the things we as a commission have seen done in the past, and that is you have a 30' proposed berm behind your home and several of your neighbors became upset when he said to get a homeowner's association, and I understand that, that you are depending on 9 homes to take care of property. It has happened that the berm is deeded over to the individual property owners. That would add extra depth to your property, give you the buffer zone, give you the responsibility of taking care of it. The road dedication wouldn't matter either, would it Mr. Nagy? 14722 Mr. Nagy: Correct. Not the full 30' but they could get the majority of that portion containing the berm. Mr. McCann: I understand how you feel, but we couldn't restrict all development in the City. The zoning is proper. They are asking for 50' right-of-way instead of 60' right-of-way and that would be the only variance they are requesting. Do you think this is something that you and your neighbors would want to live with, the extra property, but you would be responsible for taking care of this? Mr. Szado: I don't think so. Speaking for myself, how am I supposed to get back there to do this maintenance? Mr. McCann: You would move your fence line back 30'. Mr. Szado: But you don't have the same situation. You are right on the road. Right now I am totally opposed to it, but if it goes through, then I guess you would have to ask individual people. James Borrusch, 14048 Fairway: We have a list of concerns I would like to read. We strongly object to having a double frontage lot. We know we would loose the privacy of our backyard to somebody's front yard. Also, the investment in our house would loose value because of those double frontage lots. There would also be streetlights back there. There is no berm at the beginning of the property on Schoolcraft. We feel that the subdivision as currently planned does not meet the standards of the surrounding neighbors and the City of Livonia. Rob Wenderski, 14193 Park: I am a 30 year resident of Livonia and would like to inquire of the petitioner the types of homes that would be built there. Mr. Engebretson: We will inquire that of the petitioner. Gerald Rzeppa, 14096 Fairway: I have a pool in my back yard with a deck. My concern is that I am sure the City of Livonia would not allow me to build a pool in my front yard because of the street, and now you are going to have a street in my back yard, so is my back yard now my front yard? Also, you wonder about sheds because now you have a street right there. The new homes are going to be facing our back yard and my garage is about 6' from my property line, so that brings it really close to this property. My objection is to the street. It would look more like an alley because it's only 28' wide. We don't want to look like Detroit. Mr. Nagy: This is 3' less than the standard. Mr. Piercecchi: The previous speaker commented that this does not meet the ordinance. John, is there a variation here that does not meet the ordinance? r.. Mr. Nagy: You have 2 ordinances. You have the zoning ordinance which sets the minimum lot 14723 size and widths and it meets that. There is also the plat ordinance that sets the standard with respect to street rights-of-way, turnarounds, pavement widths, cul-de-sacs, radii `o► and that kind of thing. They have minimum and optimum standards. With respect to optimum standards, there are some deviations, but they are not violations. The Engineering Department in their report did not find difficulty with the plan. We would rather have a full cul-de-sac, but because of the narrow width of the property, they wanted to have a T-type turnaround. In this case with the limited number of lots, will it work. Yes, it will. Are there other cases in the City like this? Yes, there are. To say that there are violations of the ordinance, no, but there are some standards that are not being optimized. Mr. Piercecchi: I am under the impression that if something meets the ordinance, we cannot stop it. Is that true here, John? Mr. Nagy: I think you have a right to draw your own conclusions and put whatever weight you care to with respect to the health, safety and welfare issues with respect to this development knowing the standards and requirements of the City. I think the ordinance gives you some judgment in that area to make a determination. It just is not that if it meets them, you pass it, and if it doesn't meet them, you don't. You try to come up with something that is in harmony and consistent with prevailing character of the area so that both can live in harmony. Lady from the audience: You would have to lower your standards to fit houses in there. I have lived in Livonia my whole life and I can't think of one other place where anyone has a street both in their back yard and their front yard. When we bought those homes we were told it was landlocked, and unless you lower your standards, it is landlocked. I and most of the people around there have kids and that definitely is a safety problem. John Michniak, 14097 Park: I am one of those realtors. I am speaking because of a conversation I had with one of my neighbors. He used the word loyalty to me. As I realtor, I buy and sell real estate. I heard that property values won't be affected, it usually brings them up somewhat. I would agree with that for the most part. If I tell a client that a house has a road in front and in back, whether there is a berm or not, I can almost guarantee you that they will say "Can you find me something else". Those homeowners now will have to sell at a lower price. I have loyalty to the people in my subdivision, and I believe the Commission has loyalty to not lower their standards. Mr. Engebretson: John, I have heard several times now that we don't have a similar situations in Livonia. Are there any? Mr. Morrow: Item 1 had a similar situation at Purlingbrook and Doris. Mr. Nagy: There are 4 or 5 homes on Purlingbrook on a private easement. The most recent situation is on Wayne Road, half way between Six Mile and Seven Mile called Curtis. North of Curtis on the west side of the street there's a new road that services about 4 or 5 lots. There are some existing homes on Hampton Court that now have a road in front 14724 and back. That road ends in a T-type turnaround. Van Road, the south side of Seven Mile across from Bicentennial Park, have lots that back up to Veri Court, double `'► frontage lots. T-type turnarounds, Oakwood Drive has a T-type. Eric Haupt, 14120 Fairway: I would like to make a comment. The deviations that I've heard so far are in the more affluent parts of Livonia. Those houses are in much larger and support more mature families than you find in this neighborhood. Our homes are all in the 1200-1300 sq. ft. area. They are really starter type homes, and I think that given that situation where there would be a street both in the front and back of the home would have a serious impact on the ability for me to market my home to only those people who would not be concerned with the fact that there is a street both in front and in the rear. Were I to be shopping for a home with my current family situation with 2-3/4 kids, I would never have purchased a home of that configuration. If the T-type turnaround is going into the vacant lot, what will become of the vacant lot? In order to make my property look presentable, I have been maintaining it. I question whether they will be able to build a home on a lot that is 80' deep instead of 90'. Will that be developed? Also the telephone poles would currently run right down the middle of the proposed street and would I have to pay to tear up my backyard to bury those. I strongly oppose this proposal. Mr. Engebretson: That T-turnaround would just come up and abut that vacant lot, it doesn't intrude. John, what would be your anticipation of how they would resolve the matter of the telephone poles? Mr. Nagy: The developer would pick up the utility and bury it on their own property easement. I don't know what the utility companies would do with respect to the utilities that are already there. Mr. Haupt: The vacant lot issue and maintenance has not been addressed. Mr. Engebretson: I don't know if that is a part of this plan. Whatever is going on there now I presume would continue. Mr. Haupt: The prior owners were cutting it about three times a summer. Is there a maintenance proposal for that lot? Mr. Engebretson: The City has requirements that the property owners keep their property maintained. You can call the City and they will cut it and send the bill to the property owner. Dennis Frestel, Guido Associates, Architects and Planners, 2435 Orchard Lake Road, Farmington Hills: I happen to know some of the adjacent property owners. I believe that a lot of these concerns that everyone has is due to the fact that we have some inappropriate planning for a narrow parcel. It doesn't seem to exemplify good planning or good integrations with the well planned existing subdivision. I do believe that some of the issues brought before you tonight I would like you to consider the following. I was 14725 privy to a letter from the Engineering Department about the extension of the Schoolcraft surface drive being suggested. I would like to address the concern of the lack of a greenbelt as you approach the southerly half along the 50' right-of-way. I had a concern about lots 7, 8 and 9 meeting the minimum width and depth requirement. It seems that lot 9 has a less developable building frontage, particularly since the easement runs through that piece. The side yard on the east side is only 27.75' at the 30' front set back. I did have a concern with the cul-de-sac and T's with the Fire Department maneuverability. Apparently the Fire Department has reviewed this. Just as a point of record, I think we would have to look into a looped water main for fire protection. Gerard Grysko, 35733 Middleboro: I guess I would get a side view of house #9. I don't know how they are going to get a house in there and what kind of a view I'm going to get. Mr. Nagy: It would be back-to-back. John Belaire. I live on the corner of Middleboro and Fairway. I am not directly affected except for being in the neighborhood. My concern is mainly for the property value. I'm not sure that I would have ever bought there if there were a road running behind my house. I feel that if those 6 or 7 houses along there were going to be a drug on the market, that some of the other ones in the neighborhood are going to have lower property values. You said Gerard would be looking at the back of house #9, does that not make the frontage of that house only 61'? Mr. Nagy: The lot width by ordinance is measured at the building setback line. The building set back line is measured at 30' from the right-of-way line. Edgar Donabedian, 14216 Fairway: I just moved into that area 2 years ago. I would be extremely disappointed if this were to go through. The view from my kitchen window, there is nothing there, and then I would be looking at the side of a house. I can't imagine this would do anything but decrease the value of my house. Donna Marie Kuhn, 14121 Park: I was born and raised in that house. It was brought up by my parents many years ago that there would be only 3 houses going up there, not 9. I just don't understand how you can have a street in front and back. I would just like you to sit and really look at this. How can you put a subdivision in the middle of another subdivision? This was not the plan sent to us. Mr. Nagy: This change was to try and improve upon it. We tried to shorten the length of the road bringing it down by turning the lots to the north around to the side so that there isn't as much pavement being extended into the area, wider back yards against those other back yards that back up north and northeast, trying to widen the width of the area on the west between the roadway and the existing lots on the west, put a wider greenbelt, higher mounding for the berm. The change was to try and improve upon the development. "'� Mr. Engebretson: The land is zoned to permit this kind of development. 14726 Ms. Kuhn: That's a pretty tight squeeze in there. I would like to see a street in Livonia with that narrow dimension. Gary Haapala, 35685 Middleboro: One of the concerns I've heard here tonight is a compatible developement in the area. One thing that was done very nicely in planning our subdivision was a cul-de-sac road. This road is a T-type. Stoneleigh Village which is to the east of this came in later and it was all done with cul-de-sac roads and no T-types. Mr. Engebretson: We would put a cul-de-sac in there if there were room, but there just isn't room. Mr. Donnan: The developer plans to be in the $170-$180,000 price range. Also, on Lot 75 the T- turnaround will not extend into that lot. He will be building on that lot eventually. The T-turnaround will not shorten that lot. There are existing overhead power and telephone lines along probably somewhere 2'-3' behind the proposed curb. One of the rules for a new subdivision requires that all electric services be underground. If the poles would have to be moved, they would be moved over to the property line all at the developer's expense. As far as sanitary sewer and water, there are adequate facilities in the area to service this subdivision. The other big item seems to be the street in back of a lot. A street of this nature probably is not all that common, but there are hundreds of lots throughout Wayne County being developed every year that back up to major thoroghfares without even a berm and they have no trouble selling at all. I can only think of one place on Merriman Road where this is the case. It's a short road going no place, it's never going to be extended, and it only services 9 lots. Now Gerald Rzeppa: I think we need to visualize this as an Oreo cookie. What he just described are homes that are probably 1500 to 1800 sq. ft. and $175,000-180,000. We have homes that are $112,000-115,000. We have 1000 sq. ft., so what you are going to do is sandwich between two rows of homes that are 1000 sq. ft. and you are going to have 1800 feet in between. The new proposed street would mean that we would now have two entrances on to Schoolcraft in about 200 feet of each other. That's not consistent. Mr. McCann: I am going to make a denying resolution. I am concerned about this one. I hoped that we would see one or two less lots and widen the distance between them and put a circle drive at the end and eliminate a lot of the problems. I don't believe they have complied with the standards that Livonia requires. On a motion duly made by Mr. McCann, seconded by Mrs. Blomberg and unanimously approved, it was #2-26-96 RESOLVED that pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 1996 on Preliminary Plat Approval for Pine Meadows Subdivision proposed to be located on the north side of Schoolcraft Road between Fairway and Yale Roads in the Southeast 1/4 of Section 30, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat be `�- denied for the following reasons: 14727 1) That the proposed preliminary plat fails to comply with all of the standards of the Subdivision Rules and Regulations and Subdivision Control Ordinance with %kw respect to the open space requirement and standard road right-of-way width; 2) That the proposed preliminary plat will have a detrimental effect on abutting residential properties; and 3) That the proposed preliminary plat is not drawn in accordance with standard subdivision layout criteria. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notices have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and the Parks and Recreation Department. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Blomberg: One thing I would think is that the new homes would be facing the back yards of the old homes. In Livonia people can park their campers and whatever behind their house, so these homes could be looking at backyards that would have something less than desirable to look at. I don't think it is a good plan. 't"" Mr. Piercecchi: I would like to make a motion to table this for further study. Mr. Engebretson: The motion failed for lack of support. Mr. Morrow: The petitioner here has certainly heard the concerns of the neighbors and I thought Mr. McCann's comments were very applicable to giving him an opportunity to see if he can work a better plan, so for that reason I'm going to support the denying resolution. Mr. Engebretson: I believe that this land will ultimately be developed and it is possible that it will be developed just as you see it. The proposal does meet the ordinance. Mr. Morrow: He will have the opportunity if he decides to pursue this with the Council. It will go there unless he decides to withdraw. Mr. LaPine: I have mixed feelings on this because I have always believed that people who own land have a right to use that land. One of the big problems to me is the berm. Basically what happens here is that the berm is on the other side of the street. The people who have to maintain that berm are on the other side of the street and they won't want to have to go across the street to maintain that berm. If there were some way that these people could agree that they would take over the ownership of that property, take the 30' and the builder would be required to put wall-to-wall shrubs. That still doesn't take away the ''�- fact that you have a street that close to rear yards and you never know when an accident is going to happen. A car could go through that berm. I feel that this is just a bad layout 14728 for a subdivision. I don't know of any solution that you could come up with to change this. The only solution would be that each individual property owner buy up that parcel. Mr. McCann: I would like it to be known that the Chair's position that this is in compliance with all ordinances, however it was my position that it did not comply with all the standards of the Subdivision Rules and Regulations and Subdivision Control Ordinance. It does not comply with the Open Space Ordinance and Right-of-Way Ordinance. Mr. Engebretson: You are absolutely correct. Mr. Alanskas, Secretary, announced the next item on the agenda is Preliminary Plat approval for Loveland Estates Subdivision proposed to be located on the west side of Loveland Avenue between Curtis and Seven Mile Road in the Northwest 1/4 of Section 10. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: The Parks and Recreation Department in their letter of February 8 referencing the Loveland Subdivision indicates that they have reviewed the preliminary plat and at this time find no discrepancies or problems in the plan as submitted. The City Engineer in his letter of February 8 referencing the Loveland Estates Subdivision preliminary plat, the following comments are made: 1) It would be preferable to have a 60' radius in the cul-de-sac area; 2) It will be necessary to relocate the existing overhead wiring through 'y"' the site in order to be in compliance with the subdivision control ordinance which requires underground wiring in all new subdivisions; and 3) It may be necessary to legally vacate the Pickford (County) Drain which currently traverses the site. The above abandonment process would be handled by the Wayne County. Appropriate storm sewer systems will be required in place of the current open drain to outlet surface drainage from the surrounding areas. The Traffic Bureau in their letter of February 12 states they have no objections to the site plan as submitted. Mr. Engebretson: We also have a petition signed by 385 people against the petition and 10 people for. Joe Rotondo, 32401 W. Eight Mile, Livonia: I am petitioning for preliminary plat approval to develop and build the homes. The homes will be as good or better as in the existing subdivision. Mr. Engebretson: We became aware that the Michigan DNR made a preliminary finding that that area could not be developed because it was judged to be a wetland. Do you have any more recent information? Mr. Rotondo: I gave the Planning Commission information on that from Wayne County. There is a drainage ditch that used to run from Farmington Road on down. The rest of the drainage ditch has been all covered up. The only existing drainage ditch, that has been abandoned now, is on the proposed property to be developed. 14729 Mr. Engebretson: I am referring to the letter from the Michigan Department of Natural Resources to Mr. Williamson of Brooks Williamson & Assoc. that basically says that they concur that firw wetlands exist on the site and are regulated under the above referenced Act. While conditions of the site may change at some future time, in the meantime no work can be undertaken on this site and that the jurisdiction of the wetland determination is valid for five years from the date of this letter, which is August 7, 1995, unless new information warrants a revision of the delineation before the expiration date. It is our impression that unless there is a reversal of this letter, development is stymied. Mr. Rotondo: Do you have the information on the Pickford Drain that I recently submitted to Mr. Nagy? Mr. Nagy: We did advise Mr. Rotondo of those findings and in that connection Mr. Rotondo did advise our office that he was doing a reevaluation of those findings. The basis for his argument was the evidence that he submitted to our office and he was going to use the documentation with regard to the Pickford Drain and that evidence as of June 22, 1994 as to the origin of the now abandoned drain. He is using this as evidence as a cause for reevaluation. We are waiting on Mr. Rotondo's efforts to try for a reevaluation. Mr. Engebretson: Can we proceed on this matter without the DNR giving information that would eliminate this obstacle. Reading this letter literally, no work may be undertaken within the regulated wetlands. Mr. Nagy: We take that letter very seriously and we presented to the proprietor that unless he can present evidence otherwise, that is the best information we have and therefore there is a wetland impact and the subdivision cannot be implemented in the manner shown. Mr. Rotondo: I am still waiting for the DNR to get back with me. It should be in 4 to 6 weeks. Mr Morrow: I don't see how we can go through with this petition under the circumstances. Mr. McCann: I would suggest that a representative here in the group speak on behalf of the group and then look to a tabling resolution. Mr. Morrow: We know how bureaucracy works. Do you think we should put a time frame on this petition? Mr. Engebretson: We will table it to a date uncertain and if it hasn't occurred within a year, we can bring it back and deny it and the petitioner could always refile. William Wells, 18350 Loveland: We have some information on the drain that shows it is part of a creek, not a drain. The sources of the information is in this packet I will give you. Memos from the DNR here states that there is also all kinds of vegetation, trees and other things that includes wetlands. It shows an intermittent stream as what this creek �... actually is. We feel that the proposed project is non-conforming to the existing neighborhood and would greatly upset the quality of life that the area residents currently 14730 enjoy. Nonconforming issues would be streetlights, sidewalks which we do not now have, a subdivision which we do not now have in that area. We have safety concerns as ',., far as traffic. We have handicapped in the area. There is a drainage problem. That's a low spot and the water has to go somewhere. We know the taxes are going to change and I doubt if they are going to go down. No doubt the DNR has already suggested that this is a special piece of property. There is nobody here that denys that people have a right to build a house there, but in conformance to the neighborhood is what we would like to see. We feel that the zoning that is there now is improper. We know you had a letter given to you stating that if it meets other criteria of the ordinance, and no doubt the DNR is a stumbling block for this project right now. We do not want to get into this type of development. It is a subdivision placed in the middle of what we consider rural. (Mr. Wells then showed some photographs of the area showing the creek and surrounding areas) Jim Naum, 18325 Loveland: (distributed sketch of the area) The first drawing shows the low land. The proposed lot#1 is completely forward of my house. I will have a constant view of the back of that house. From the side door, you get the same view of the houses on lots 1 and 2. From the rear door of my house, you would now see the rear of houses on lots 2 and 3, and from the backyard, lots 4 and 5. (Mr. Naum then showed photos of these views). I hope these pictures will help you visualize what the area would look like if the development went through. On Loveland, our neighborhood between Curtis and Clarita, the first house was built approximately 60 years ago and the last house was completed about 5 years ago. In the span of 55 years, there have been many property '"ow owners, lot splits and the building of 40 homes. These homes were added to the neighborhood one by one, by different builders, and are different sizes, and none of them seem out of place. I chose to live here because of the rural setting. I would hope that this same good planning would continue. We face a proposal that would increase the number of houses on our block from 30 to 40. We are not against building new homes on this property, but we would like to see them become part of the existing neighborhood and not be developed as a neighborhood within a neighborhood. Two or three new ranch-style homes could be built facing Loveland, set back with existing homes, would be a welcome addition to our block. Tony Farrugia, 18398 Shadyside: I back up to this and I am also one of the realtors involved. Of course I don't oppose it. The gentleman before me mentioned that his taxes might go up. I welcome that. I wouldn't mind paying a few extra dollars a year knowing that when I do sell my property I'm going to get a lot more money. I would like to assure the neighbors that if this development does go through it will be first class development. I know Joe Rotondo well and anything he would put in would be put in with care and with the neighborhood in mind. There is nothing non-conforming with what he is proposing to do here. As a correction, this is not for rezoning. This is right within the rezoning for what it is called for. I live there and I plan on staying there. Suzanne McInerney, 19020 Mayfield: I would like to sign a petition later too. I live across from the old Pierson Center. It is really very congested on what is called Old Mayfield, but I can cross my own street and cross a little walkway where the school is, walk over to 14731 Loveland. I walked my dog down there for 16 years. I enjoyed that street. It is getting very congested around the school. I'm tired of all this development that is going on. I Now was driving to Meijers on Seven Mile Road and 2 deer crossed the road. If we get Livonia where we are all on each other's throats and all congested in, it is not going to be a nice area to live in. You would need more police. Barbara Naum, 18325 Loveland: We also have the stream in our backyard. It is an intermittent stream and it does go all the way down to Curtis Road. From what I understand from the daughter of the previous owner of the property, we were led to believe it was sold on a contingency basis. I wanted that to be on public record. Gregory Spiewak, 18320 Loveland: This will have a detrimental effect on the abutting properties. Livonia allows the storage of RV's, boats, whatever, behind their houses. You can see that a few properties will be looking at 5 backyards. We abutting property owners on half acre lots with single home parcels facing the main street, Loveland. This proposes something so radical, it just glares at you. This is not in keeping with the conformity of the neighborhood. Whatever happened to the vacated Pickford Avenue, and why isn't that extended through this parcel? Also who is going to be responsible for the improvements that are going to be needed for the water and sewer. Mr. Engebretson: The utilities will be the responsibility of the developer if this is successful. If it is not successful, the petition that was submitted made a recommendation that the Planning Commission on its own motion rezone the property. What I think will happen, if the `` petition fails, the Planning Commission will most likely file a petition to rezone the entire property from Curtis to Clarita. If this petition fails, it appears that would be the appropriate thing to do to indicate the zoning district that they actually are. Al Giss, 18250 Loveland: Mr. Chairman, you said this is currently up to the DNR and that's the way it will stay until deemed by them what that land is? Mr. Engebretson: We have no power to overrule their finding. We have in our files an official finding that that property is a wetland which comes under the control of the DNR with one exception. The landowner may make a deal with the DNR to mitigate that wetland and develop an offsetting wetland somewhere else. Jeffrey Kolar, 18234 Loveland: The wetland reclamation which is if someone can replace the wetland. You can't just replace that piece of property. Everything behind it is probably 10'-15' higher than the Loveland area. If you fill that property, what happens to the low part next to it? It will retain the water. Mr. Engebretson: Normally the DNR has to have 5 acres or more, but the broader area that you referred to is a part of this bigger picture here. Mr. Rotondo: I am not trying to do anything that is out of the ordinary. It was zoned just the way I Now platted it. I never tried to hurt the neighborhood. 14732 There was no one else wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the Public Hearing on this petition closed. `. On a motion duly made by Mr. Alanskas, seconded by Mr. McCann and unanimously approved, it was #2-27-96 RESOLVED that, pursuant to a Public Hearing having been held on February 13, 1996 on Preliminary Plat approval for Loveland Estates Subdivision proposed to be located on the west side of Loveland Avenue between Curtis and Seven Mile Roads in the Northwest 1/4 of Section 10, the City Planning Commission does hereby determine to table this petition to date uncertain. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notices have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and the Parks and Recreation Department. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Not. Mr. Piercecchi left the meeting at this time. Mr. Alanskas, Secretary, announced the next item on the agenda is a Motion by the City Planning Commission, pursuant to Council Resolution#376-95, to hold a public hearing on whether a possible amendment to Section 2.10(4) of the Zoning Ordinance shall be made to increase the square footage of attached garages to 900 square feet without accessory building, with a limit of vehicle openings to three, with the provisions regarding detached garages and lot coverage percent (including front yards, side yards and rear yards) to remain as is. On a motion by Mr. McCann, seconded by Mrs. Blomberg and approved, it was #2-28-96 RESOLVED that, the City Planning Commission, pursuant to Council Resolution #376- 95, 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 a possible amendment to Section 2.10(4) of the Zoning Ordinance shall be made to increase the square footage of attached garages to 900 square feet without accessory building, with a limit of vehicle openings to three, with the provisions regarding detached garages and lot coverage percent (including front yards, side yards and rear yards)to remain as is. ,...� 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 14733 that thereafter there shall be a report and recommendation submitted to the City Council. '�..• A roll call on the foregoing resolution resulted in the following: AYES: Alanskas, Blomberg, LaPine, McCann, Morrow, Engebretson NAYS: None ABSENT: Piercecchi Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is a motion by the City Planning Commission to hold a public hearing on a proposed amendment to Section 18.50D with regard to real estate signs. Mr. Piercecchi reentered the meeting at this time. On a motion by Mr. McCann, seconded by Mrs. Blomberg and unanimously approved, it was #2-29-96 RESOLVED that, the City Planning Commission, pursuant to Section 23.01(b) 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 Section 18.50D with regard to real estate signs. 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 Council. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is approval of the minutes of the 717th Regular Meeting and Public Hearings held January 16, 1996. On a motion by Mr. McCann, seconded by Mrs. Blomberg and unanimously approved, it was #2-30-96 RESOLVED that, the minutes of the 717th Regular Meeting & Public Hearings held on January 16, 1996 are approved. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion by Mr. Alanskas, seconded by Mr. McCann and unanimously approved, it was #2-31-96 RESOLVED that, the minutes of the 718th Regular Meeting held on January 30, 1996 are approved. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. 14734 Mr. Alanskas, Secretary, announced the next item on the agenda is Sign Permit Application by Rite Aid Pharmacy requesting approval for signage for the commercial building located at 'r.. 29250 Joy Road in the Southwest 1/4 of Section 36. Mr. Nagy: The petitioner has asked to have this item rescheduled. They are coming forward with a new sign proposal. On a motion by Mr. Alanskas, seconded by Mr. McCann and unanimously approved, it was #2-32-96 RESOLVED that, the City Planning Commission does hereby determine to table Sign Permit Application by Rite Aid Pharmacy requesting approval for signage for commercial building located at 29250 Joy Road in the Southwest 1/4 of Section 36 to date uncertain. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Sign Permit Application by Apex Sign Group requesting approval for signage for the property located at 37650 Professional Drive in the Northeast 1/4 of Section 18. Mr. Miller: This site is located on the south side of Six Mile Road, west of Newburgh Road. They are proposing a 30 sq. ft. ground sign to be located in the berm along Six Mile Road of the property. They are allowed a 30 sq.ft. sign, so they conform to the ordinance. Mr. McCann: I think the only issue remaining on this is that it would not be illuminated beyond 10:00 p.m. Wayne Wilsey, Apex Sign Group, Inc.: It is a legal sign in a legal location, and I checked with the clinic and they said they would cut the hours off at their closing. On a motion by Mr. McCann, seconded by Mr. Morrow and unanimously approved, it was #2-33-96 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Apex Sign Group requesting approval for signage for the property located at 37650 Professional Drive in the Northeast 1/4 of Section 18 be approved subject to the following conditions: 1) That the Sign Package by Apex Sign Group, as received by the Planning Commission on January 22, 1996 is hereby approved and shall be adhered to; 2) That the sign shall not be illuminated beyond 10:00 p.m. 3) This sign is approved for the graphics shown in the approved Sign Package only; ... 4) In the event of any graphic changes to the sign, the sign shall come back before the Planning Commission for their review and approval. 14735 Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. 'tor On a motion duly made, seconded and unanimously adopted, the 719th Regular Meeting and Public Hearings held on February 13, 1996 was adjourned at 11:38 p.m. CITY PLANNING COMMISSION Robert Alanskas, Secretary �-t ATTEST: G11 e ,,1; c� Jack Engebreon, Chairman du