HomeMy WebLinkAboutPLANNING MINUTES 2001-02-2718333
MINUTES OF THE 820" PUBLIC HEARINGS AND REGLL AF
FIELD BY THE CFTY PLANNING COMMISSION
OF THE CFTY OF LFVONIA
On Tuesday, February 27, 2001, the City Planning Commission of the City of Livonia held it
820" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Cent
Drive, Livonia, Michigan.
Mr. James McCann, Chairman, called the meeting to order at 7:30 pm -
Members present James C MCCann Dan Piercecchi H. G. Shave
Robert Alanskas William LaPine Flame Koons
Members absent: Now
Messrs. Mark Taomtima, Planning Director, Al Nowak, Planner IV, Bill Poppenger, Planner I
and Robby Williams were also present
Climmav McCann informed the audience that if a petition on tomiglUts agenda involves a
rezoning request, this Commission makes a recommendation to the City Council who, in tum,
will hold its own public hearing, make the final detannum on as to whether a petition is
approved or denied The Planning Commission holds the only public hearing on a request for
preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to
the City Council for the final detemtimation as to whether a plat is accepted or rejected If a
petition requesting a waiver of we or site plan approval is denied tonight, the petitioner has
ten days in which to appeal the decision, in writing, to the City Council. Resolutions; adopted
by the City Planning Commission become effective seven (7) days after the date of adoption
The Planning Commission and the professional staff haw reviewed each of these petitions
upon then filing. The staff has furnished the Com®ssion with both appmv ng and denying
resolutions, which the Comouission may, or may not, use depending on the outcome of the
proceedings tonight
ITEM #1 PETITION 2001-01-08-07 City orLivorda (Commmuy Center)
Mr. Piemecchi, Secretary, announced the first item on the agenda is Petition 2001-01-08-07
by City of Livonia requesting approval of all plans required by Section 18.58
of the Zoning Ordinance in connection with a proposal to construct a new
Community recreation facility on property located at 15100 Hubbard Road in
the N.E. 1/4 of Section 22.
Mr. Ta anemic This petition seeks approval for the new community recreation center located
on aponon of the former Bentley High School site. This isatthesoutheast
come of Five Mile and Hubbard Roads. The overhead illustrates the location
of the property and the Mine of those portions of the building that still
remain. This evening we have the project architect, Ken Neumann of
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Neumann. Smith Architects as well as the landscape architect Randy Metz
from Grissim Metz Landscape. Ill just give you an overview offhe site. The
property, as I indicated, is at the comer of Hubbard and Five Mile Roads. It
contains roughly 625 feet of frontage m Five Mile and 1,196 feet of f7m age
along Hubbard Road. The area immediately to the west across Hubbard Road
area is zoned R 7, Multiple Family Residential, which includes PoeKimberly
North Condominiums. Them are some single family homes immediately to
the north as well as Suburban Eye Care which parcel is zoned office at the
southwest comer of Five Mile and Hubbard Roads. To the north across Five
Mile Road includes a mix ofbotim commercial and office uses as well as
single fanuly residential within the Supervisors Plat No. 10 Subdivision -
Immediately to the south across Jamison is a land area developed within the
Yagoda Subdivision which is zoned R-1. To the east is the balance of the
former Bentley High School property which is approximately 17.3 acres
remains zoned PL, Public Lands. this portion of the site includes the football
field and a naming track as well as the grandstands, other areas of open space
and the baseball diamond which is in the southeast comer of the site. The
petition this evening seeks to construct a new recreational cater, Brat would
he roughly 135,000 square feet in area All of the parking would be provided
at the south end of time site. Some of time landscaping elements, which we will
get mom in more detail later, would include benning and landscaping along
Jamison Avenue to help screen this area from the residential to the south.
The driveway that presently exists off Jamison would be elirmarded. Both
access points to the new parking area south of the building would come off of
Hubbard Road Portions of the budding would remain in use during
conshnction of the new recreation cater. Thank you
Mr. McCann: Is the petitioner hem Pois evernW.
Kermetin Neumann. Neumann Smith & Associates, 400 Galleria Offmceme, Suite 555,
Southfield, Micbigm 48034. I am here tonight with our landscape architect,
Randy Metz Ithought it was important since this is really the first public
showing of this building for Bre public as well as far yourselves. We might
Just very briefly, touch m what this building is all about before we show how
it is placed m Poe land. This is a building of about 135,000 sq. ft The bully of
which sits m a first floor, which has been divided mom zones which we have
Remmized or shown by coloring tihem. It shows Brat there is a wing of the
budding that includes gymnasiums and a gymnastic component which sit
around a large fitness zone and projects out from the Goat of the building.
The top of this drawing would be facing Five Mile Road and off m Poe left
side is Hubbard, for your orientation. The bottom portion of this drawing,
which is largely colored, in blue, shows a large aquatic cater, probably one
of the most exotic of its kind in the state. It will include both a swimming
area to be used for competition swarming and also a leisure aquatic zone
which has various kinds of swarming components including a large spiral
ranmp and a tube that will take you down into a plunge component, channels
that have current, areas for water aerobics, a large mea for kids to play in and
avery, shallowarm with all kinds of toys in them Between that, the aquatic
component and the larger section of the gymnasium that you see above, is the
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component that includes all of the locker rooms, both men's and women's and
a family locker roony party rooms that could be used for birthday parties and
the likes for the comnunity, both off of the pool or off of the dry component
of the budding. There will be an indoor play area with kind of a soft
sculpture that would sit within that concession component with a minimal
food service and seating and of course, all of the back of house things that
make this work which include large mechanical component fur the swn mmg
pool. The thud corrrponent on the first floor includes adinumstration offices
both for the Parks and Recreation Department and for this building and a
seniors' lounge. A corriponent that includes a child rare area, the kind of
place where a parent can bring a child for a short period while, let's say,
having a game of basketball, then can retrieve the child later. And again,
back of house facilities, as well, all connected together with a very large
lobby reception area that would accoin aodate all kinds of uses. Ibe second
floor of the building is smaller. One accesses the second floor by a stain and
elevator directly off the heart of the lobby space and will arrive to a second
level, which looks down into this large atrium space. You can see colored in
orange both an access to aerobics and a multi-purpose room and also
spectator seating to the competition swirmning pool, mechanical equipment,
toilets and access to a waWjog track, throe lanes wide, approxnnately 12 laps
to the mile. These are the components that would, I think make for a pretty
energetic building and it is our task to then show you how we place this in the
City. For starters, the first component that is important, is one of the largest
ingredients of this budding, is the aquatic center and ane of the most
important things is to have sun in those ewnonmems and so Poe aquatic
component which is a very large chunk will face towards the south and west
so it will have sun for the majority of the day and that started the orientation
fortbis building. Thebuilding was also placed so that it could be close to
Five Mile Road and contrarily farthest from the residential property to Poe
south so this building would be identified as an in¢artant civic building like
your other civic budding, which are relatively close to Five Mile Road Ibis
is sort of like a partner to the other buildings, which are down the street It
has been placed relatively close to Five Mile. Its comer being controlled by
an easement for a sanitary sewer that is existing, a 36" sewer that we catamly
do not want to have moved One of the other things that was important about
this whole location of the budding was that the logic of budding it here was
such that if we could first take down the classroom wing, as a first phase of
the existing component of Bentley High School that still remains. We can
leave all of Poe oPoer athletic facilities within the budding in service while Pols
building is being built So you can see that the new building is being placed
in such a way where the existing budding can remain. Activities can go on in
the building and at the same tune it allows the people in the existing budding
to watch the progress and get excited about the building as it is being
developed and at the same tune the existing budding acts as a buffer to the
residential properties to the south and to the southwest, both visually in tams
of sound and all the rest of that during the construction phase of this building
and then when the building is complete the second phase of the demolition
will occur and the remainder of the Bentley High School will be removed.
The existing parking lot for Poe Bentley High School sits relatively closely to
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Jamison. The idea was to try and place the parking as close to the building as
possible so the budding had its' parking moved northerly and approximately
401 cats are provided for the building. That number being determined in
conjunction with out consultant, Barker, Rinker and Seacat out of Deaver,
Colorado, who have done approximately 100 of these facilities and also with
Sports Management ('soup who worked on two hundred buildings like this.
We believe that them is appropriate parking for all of the things that might go
on in this budding I aught say that clearly it is impresunud that every
component of the building will be used 100% all exactly at the same time.
This has been based on vast experience. We believe that there is appropriate
parking The parking is accessed through Hubbard Road by amain drive to
tumor around to the front of the budding. I am going to let Randy talk more
about the landscape features as I complete this portion. Thereis a service
component, which is m the easterly side of the budding and in the internal
ccmmponeris of the budding touch of the service, in any case, is m that side of
the building All of the back of house things are in this comer. There is one
other drive, which is shown off ofHubbard Road, which is an additional
service drive and it is now in question, that drive may or may not be there. If
it is determmed that there will be wet cheamicads to revitalize the water in the
pool stnuclures, then most likely because of the weight of those chemicals,
that drive will be included. It is aur thought now that this will be done with
dry chmucals which come in Little capsules and can be moved around through
ugh
the middle of the budding and more than likely this service drive may be
eliminated altogether so there will be one service location which is large
enough for a large truck to back into place and there is an enclosed area for
dumpsters adjarentto the building. AlJofPoeserviceislocatedinthume
area The building is surrounded by a whole series of outdoor athletic
components and I ant going to ask Mr. Metz to show you those elements and
then I ant going to come back and show you more about the budding as
character.
Randy Metz, Caissim, Metz Associates, 37801 W. Twelve Mile Road, Farmington Hills,
Michigan 48331. We are the landscape architects working with Ken's office
on this project Over the past few weeks we have been working very hard
widi Ken's office to develop what we feel is a very exciting site plan to help
conmphauit the exciting building design for this budding project Wehavea
unique opportunity here in the fact that we have a very large budding but we
also have a verylarge site, a 17 -acre site. It is a budding within a park, very
untypical and we feel a very great opportunity and one that we have been able
to capitalize m in the development of this site plan. Over 50% of this 17
acres is still devoted to green space. Within a dense suburban landscape such
as this, this is a real great accomplishment and opportunity. We feel that the
project will be a focal point for Livonia and that is whatwe want to try to
achieve for the site as well. It is a neighborhood gathering place. It is an
active people place and that is what we want to emphasize here. What we
have created here is a visually sculptured fun commonly park and what we
feel will be very unique to the commonly of Livonia Fssentially, one of aur
goads was to blur the lines between the architecture and the site design We
want to integrate the two together so that is seems as one. We dont want the
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building to look like one element and the site a component design as a
separate component to the overall project We want the two to actually blend
together and become one. The landfemms that we have been able to create
utilizing the soils, which will be excavated hem the pool areas and the
foundation and the excavations firm the parking lot, we are going in tIDlize
on site and balance the site butwe are going to use this soil to articulate the
site. Essentially, what we will be able to do is sculpt the site in such a way
that we will have areas for storm water detemon, berating for screaming of
residential areas, articulation of elements on the site to create features on the
site, which I will go over in a second ILere are many outdoor sport
activities, wbich we have incorporated on the site as well which will
illustrate as well. This is very hmctional, simple and easy site to me. Some
of the components of the site are for one, this is Hubbard, this is Five Mile
here. Here is the building as it sits within the site. This is the park area,
which I spoke of along Jamison Avenue to the south there is a green
component here, which acts as a buffer to the residential on this edge of the
immnunity. Weproposetobuild abemmwiflim this area and also provide
landscaping to help buffer the development from these residential areas here.
Entrance to the parking lot is off of Hubbard Drive. This is the phase
parking. The parking has 400 cars. It is capable of expanding for another
111 cars within this zone, wbich still is inside the bemm screen that we have
created along that edge. We also are proposing street trees along Hubbard
and Five Mile, which will help integrate the park into the community in a
very traditional way. We also are providing a landscape hedge along
Hubbard, which will screen the view of the parking from Hubbard as well.
Service essentially comes in the southern drive and accesses this component
of the building here. It is screened The dumpsters are screened,
architecturally. This actually becomes a feature of the site as opposed to a
liability. As Ken mentioned, this is also service enhance firm Hubbard Drive
which is essentially fin pool chemicals which may or may not ocran,
depending on how the building actually develops. Hus is the drop off area
for the main enhance, separated firm the parking. The parking is oriented in
the direction in which people would nominally walk so you are not crossing
parking bays. You are walling parallel to the isles. Barrier Gee parking is
incorporated close. There is a plaza space outside this drop off area that will
incorporate seating areas for pedestrians. We have also incorporated an inline
skabnWjjoggmg path, which will be integrated into the site. It is about a half
mile in length As Ken had mentioned, this is the aquatic portion of the
building and this is the sun terrace adjacent in that element We also
incorporated, by utilizing some of the earth, an ampbitheater space on this end
of the building by contacting the ground in that way. There is a cooling
tower element that is proposed for here, which will be completely screened
with an architects] element here. The walkways connect up to the
community walkways that are adjacent to the site and also connect up to the
parking lot on the eastern edge of the site. We have a m aider of other
activities. We have seniors terrace here and we have a day care terrace in this
location of this budding. As sport comprnents, we have sand volleyball
courts. We have a roller hockey ink. We have an inline skating surface here,
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which is an alternate and a storage facility here for equipment We have four
youth soccer fields incorporated as well. Hunk you
Mr. Neumann: There are a couple of things that I rmght mention about the site. One of the
things we were cogn¢ant of was the fact that there were some nice existing
trees on the site and those trees, which are healthy and big and important to
keep, the intention is to do so and they have been integrated into the design
Those you can see having hem itemized on this drawing by the yellow color.
One of the things that Randy has not shown is this happens to bejust a series
of photographs from other projects but I think these projects start to give you
some of the spirit of the landscape. One of the things we noticed about
Livonia is that there are no mountains hem. It is relatively flat and I think the
contouring of the site and the use of color can be a really exciting way to
make this place special and give some special unique character w the site.
We believe that not only will these elements be nice in themselves, they will
soften the budding which is a very large budding. Imighttellyouthatwe
arestill m process. This is still a wwk that is incomplete. One oftae things
we are trying to do at the moment is finalize some of the details of the budget
What I am going to show is what we think is very close to what this budding
may be like. We are not yet there on the details. But this happens to be a
picture as if you looking from the comer of Hubbard Road and Five Mile.
The pavement you see in the front is Five Mile. We havejust passed the
comer of Hubbard so we would be looking towards the southeast The front
side of the building you can see in this brown color is the bilk of this
budding VwuaUyeverything that is notmade of glass is made ofmasomy.
We see this bolding built in a number of colors ofbrick, as can be seen in
these pictures. The fitness component as we have shown, which is a feature
thatkind ofjnts mit on Five Mile side, becomes a promment feature. You
will be able to see thejoggers as they ran by on the second floor as they pass
through this cirailar space. You will be able to get light nom the gymnasiums
and the slot of the windows that one sees, is actually a window that allows
joggers, as they run around on the track, not only to be energized by looking
into the facility, because literally they can look into all of the other spaces as
theyjog through the building. They will be ablew look "towards Five
Mile and see this element, which we also believe can be a featue that will
become active atnight because it will in fact glow. Ibe red element you see
is a screen wall around the mechanical. You can see other screened materials
on the roof. It is am notion that every piece of mechanical equipment on this
bolding will be screened. Ibere will be nothing seen anywhere of a
mechanical device on the bolding This is the sidewall of the gymnasium
area and the sidewall of the aquatic components. One of the things this
drawing also shows is that, like the fnut of the building which has a cylinder
from of glass, there is a s rmhu element that sits adjacent to and part of the
aquatic center and you can see a bit of that peeking over the top of the
building as one approaches this prominent comer of the site. Ibese are all a
bunch of nice people in Livonia who are enjoying this facility and we think
this Fbuth ing will activate lots of exciting tamgs in this town One ofthe
things that was felt very important to the design was the fact that the aquatic
center is an exciting component It does face towards the sum. The front side
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of the aquatics component is basically conceived of being mostly glass.
When we become sophisticated enough to have designed the interior, you will
recognize that you will be able to look in this glass and see the spiral ramp
and tubing that takes peoples down into the plunge pool. You will see all of
the exciting toys and all the rest in that componemt Over the ramp structure
that takes you to the big spiral tube which I might say it about twice as long
as the longest of this kind of thing anywhere in the MetropolRav area, sits this
element which will become an important vertical tower like form that lets
people who are getting onto the top of the tube, look out over Livonia as they
go on their way down It sbows the entrance of the building and the entrance
drop off from the parking. And lastly, beyond the regular masonry you see in
the brown color, it was our feeling that to kind of give the idea of the aquatics
components, that we might take those sections near the aquatic center on the
south side of the building and use glazed brick in a number of blues and blue
greens to give a kind of shimmer that would kind of represent the idea of the
fim of the water inside. These are pictorials of the building. The building
will be predominately 32 feet high. It is very much hike the height of the
existing high school that sits there with the exception of the tower element,
which is 60 feet for the one particular component The rest of the budding is
basically the same kind of height and the same kind of demeanor and more
exciting than Bentley High School. We are glad to answer any questions.
We would respectively wish that you would see that this is good for the City
and hopefully you will endorse this project
Mr. McCann: Thank you. Are there any questions him the Commissioners?
Mr. Sbar e: Is it possible b eliminate the hwb dmanpsters on the site in favor of bash
compaction or some other firma?
Mr. Neumann:
As I indicated, yes it would be possible to do. As I also said, we are still in
the process of trying to balance the budget Weare not quite there yet and
whether we will be able to afford to have the compactor, right now we are not
sure we can do that Therefore, we are still showing the dumpsters. I might
say that they are in an enclosure all the way around and has been made big
enough so different kinds of nab can be subdivided by species which is the
right thing to do these days and it is also enclosed with gates in the from so
we think it can be done in an artful way.
Mr. Shave:
The only reason I mention that is because this is such a nice budding as A
appears. Trash dmnpsters seem to be a little bit down -grading from that and
sometimes trash starts blowing away if nobody closes the door and that sort
ofthing If we could eliminate that. A certainly, would be helpful.
Mr. Nenmamh:
If we can afford to do an, we will All by to do that
Mr. Shane:
Withregard lathe heightofthebemato the south, youmentioned the south
parking lot, and the nature of materials along there. Have you gone to the
point where you know the height of it and some ideas ofmzterials that will be
hued?
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Mr. Neumann: We do have a notion of that
Mr. Metz: Wecmn serNallyaccommodateahnoAmyheight Wewereintendivgthat
it would be around four feet, which would obscure the view of vehicles
parked in the lot In combination with Poe evergreentrees, which will
eventually flourish and grow can that space, will pretty much provide a
screen for that
Mr. Shane: Thankyou.
Mr. Neumann: Just to add to that, one of the things that think is important to say, is that by
budding this building closer to Five Mile, we are now the closest comer of
the budding would be more than 1-1/2 times the distance both Jamison than
the closest part of the high school as it presently stands. So I think that is a
positive contribution as well.
Mrs. Koons: The lobby arra youjust said that would be an active area Is it waiting chairs
or is it tables and chairs or a place for small meetings?
Mr. Neumann: The notion ofthis budding was tivatthis is not only for athletics, Us is not
just a recreation center, A is a community cater. So the building wanted to
have a heart The idea of this room was this one big room that from the
cater of A you will be able to see into virtually everything. You can stand
here and look into the fitness center. You can seejoggers at the second floor.
You can look into the gymnasium You can look into gymnastics. You can
look into the aquatic components. You can see up to the people who will be
up on the balcony below. There is a climbing wall, which will be a major
component of this building, which I thunk is a real attraction. There will be
some seating, which will be for tables and chairs. There will be other seating,
not yet shown which will be informal, wbatI would call casual lounge type
seating but much of the area will be left open and left of all kinds of public
goings on in there. To give you some sense, the width of this room is 50 feet
wide. This is a vast morn and when we originally had shown this drawing
you could pert a lot of the typical houses ofvirtually anywhere in
Metropolitan Detroit, you could sit a house right in here and there would sfill
be room all the wav around this. Part of that will be paved with hard surfacm
Part will be carpeted so A will have a kind of friendly look. I might say
because we are still in the design phase, we don't even have all the details yet
That will develop as we develop these drawing father.
Mrs. Koons: The outdoor activities which are close to Jamisoq will they be fit all night?
Mr. Neumann: To be honest, I don't have the answer to that I think we are sensitive to the
notion that this is a budding that needs to fit into the cormwndy. Therewill
be enough lighting in the parking thatwill be safe. To the best of my
knowledge these are not nighttime activities. These are daytime activities so I
dun't11unk Poere will be any concern for nuisance in the evening time.
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Mrs. Koons: ILank you
Mr. Almmkas: I think this question would go to Mr. Reinke, our Parks & Rec Director,
because I kmw you are m expertof sw®ming and water. If, for example, it
holds 400 seats, if that were firll A me time, is that a possibility for a meet?
Mr. Reinke: That is a possibility, but from my experience, that would probably be 200 ca;
with famlies running to watch children sw®.
Mr. Almmkas: O.K. If 200 cars waved to leave when they got done, would that be a
problem with egress for all of those cars to leave at the scone lime?
Mr. Reinke: My experience with age group swarming is that people are coming and going
thro ghoutthe day. Ibey may come m early m the morning and they may
And leaving as their children are finished during the day. I anal foresee that
they are all going to come and goat the scone time.
Mr. Almmkas: Would you put up that board showing the entrance on Hubbard and the
parking lot so we can see how this would work in my mind so I could get a
clear view.
Mr. Mc Cam: Also, lad week there was a shared parking agreemert with the high school as
well. Incl that cared Mr. Reinke?
Mr. Reinke: That is correct. We also have additional parking up here on the fonmrhigln
school property, immediatrdy north of the football field We've got the
parking here and we have the 400 car parking lot down here.
Mr. Almmkas: From the parking lot to the seating area, how far do they have to walk to get
to the buildag?
Mr. Nemmam: Approximately 400 feet would be the maximum distance outside
Mr. Almmkas: So when they would exit they would go out the fist top entrance?
Mr. Neimam: They could come out either. With two entrances we believe it is an
appropriate ability to ingress and egress the site.
Mr. Almmkas: Are wepossibly goivgtohavea lightthere orwonlitbenecessay?
Mr. Neimam: I do cot believe it will be necessary.
Mr. Almmkas: Ail right Thank you
Mr. Neimam: One of the things that is being planned, not as directly a pat of this project
but related to it, it will be some modifications to Five Mile Road though in
tams of some additional left lum and right tern lanes that will ease traffic
onto Hubbard at that light
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Mr. Alanskas: I know Mr. Reinke had a large input on this budding and it looks really nice.
Thavkyou Ron. Regandhrgthe Cldld Care Center, howmzny canwe take
careofatimeandwhowoddbeworkingthere? Woulditbeemployeesof
the Cit?
Mr. Neumann: There will be employees of the City and the number of children would be 20
to 25. I might say that is secure. Them is a very secure method of getting
kids in and mut of it and the outdoor play zone is completely surrounded so
that has a security aspect as well.
Mr. Alanskas: After all of the approvals, wbat are we looking time wise to build this
facility, totally, completely done?
Mr. Neumann: The building project is appmximahly 18 months to build this building. It is
the intention of the Mayor that we move this project along promptly so this
thing becomes useful m the City of Livonia
Mr. Alanskas: Ib we have roughly what percentage of people that do not live in the City
will be using this facdit}?
Mr. Reinke: No. We can't even guesstimate on that.
Mr. Alanskas: Ib you think it will be pretty large?
Mr. Reinke: I don'ttedieve so. It is a public facility. We will be selling memberships.
There will be substantial mount more for a nomresided to purchase an
annual pass.
Mr. Alanskas: I was going to ask you that, just like mor golfing for non -retirees.
Mr. Reinke: Absolutely.
Mr. Alanskes: Thank you very much.
Mr. LaPme: You said the main foyer originally was suppose to be 52 feet wide and now it
is down to 50 been Is that right?
Mr. Neumann: Yes.
Mr. LaPine: I've gotnopmblemwiththat Ijustwanted to nmthrmugh the parking. I
have no problem with the south problem because they come in there and park
but say somebody wants to use the south entrance into this and they want to
drop then kids off. Can youjust urn through how they get in there? It looks
like A is a circular drive. Is that correct?
Mr. Ne raamu: Yes. Someone would come down and tum in here. They can drop someone
off here. The minute they get ort of their car they are under cover and then
directly into the building and then into building control. Then the person can
leave and then they can come to and get into this parking lot
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Mr. LaPme: Lets assure they are only dropping then children off or picking Poem up.I
guess I have a problem with the circulation of the driving patem.I
understand that probably this can't happen, but to me it would make more
sense if they dropped them off and then came down to the west and came
back down to the far end So straight down then out the other driveway. I
understood that would interfere with you future equipment storage building
there.
Mr. Neumann: One of the reasons, and let me explain, you may very well be right That may
be a very good way to deal with this. One of the requirements of this whole
design was to try to deal with a site which, although it is an imaginary line,
this portion of the site is the Cay of Livonia portion and the other portion still
is controlled by the school system and one of the requirements was to try to.
They would have no problem with putting the youth soccer fields within then
property but they wanted to be certain that these other facilities to be on the
property that is controlled by the City. In an earlier design they were all
along the south to Jamison and the Poougbt was it would be appropriate to
make more isolation from the residences so we pushed it up and that is how
they got there.
Mr. LaPme: The width of the road coming in off of Hubbard Road is how wide, 60 fiat or
50feet? Do youlmow?
Mr. Neumann: I would guess it is about a 35 foot road, not a 60 foot road.
Mr. LaPine: By the time you have people hurting around and going out, dim you've got
people co®ng an I think there could be a problem there with the traffic flow,
in my opinion. Do we still have the retention basis or pool tlm reflection
there?
Mr. Neumann: The retention ponds have been retained on the two front sides of the building,
or the south sides of the building Thewrolthatusedtobeinthenorthhas
been eliminated due to cost
Mr. LaPine: That hurts me.
Mr. Neurnam: It hurts me too.
Mr. LaPine: So that is elmuinated?
Mr. Neumann: Yes sir.
Mr. LaPine; But you are still going to have the bemued up area there?
Mr. Neumann: Yes sir. One of the m rovenams of this design was that originally, the
waUcmgjjoggmg inline path that we had around here, actually crossed over
both the entrance component and also the service drive and was a loop, like
so, and when we removed the pond, we were able to get enough land area
18344
back to make this loop like so, so you didn't have any those conflicts. That is
probably an improvement but yes, we did lose the pond
Mr. LaPme:
The two swimming pools, isn't there a new process nowadays where the
chemicals are kept in tame; and they are automatically, by computer, pert into
the pools as they are needed which eliminate all the staff you would have to
have delivered?
Mr. Neumann:
There are a ermaus tanks that will be one level below the main pool level
that supplies this pool with clean water but it still needs an agent to charge the
water, if you will. It could be chlorine or bromine. There is a whole group of
kinds of systems to develop yet to be designed, Imight say. All of then rely
on some kind of a chemical agent to be brought in.
Mr. LaPme:
Do they have to be put in manually or are they done au mumcallyl I know
there is a new system where they are pert in automatically.
Mr. Neuman:
I can tell you that the plumbing for this pool is so complex that we have hived
a company called Water Technology, Inc, out ofBeava Dam, Wisconsin,
who are probably the nations expert on this and they are going to figure it out
and I don'tknow.
Mr. LaPme:
Ibank you.
Mr. McCann:
If there are no further questions from the Commissioners, I am going to go to
the audience. Is there anybody in the audience who wishes to speak for or
against this petition?
Mchelle Chisholm,
14248 Ramblewood In all of your wondefiil plans tonight I didn't hear
mention about handicap codes. I wanted to know if you had any consultants
that contributed to the plan regarding the special needs population of this
coma mtyl
M. Ne mem:
This building is 100% handicapped accessible everywhere in the building.
M. McCann:
OK. Including the pool area?
M. Neumann:
Including the pool arra including all of the pool overlook at the spectators
area, including all the public facilities and including every batimum withm
the facility, every room in the bidding.
Ms. Chisholm:
Are the code plans available in print to the public?
M. McCann:
Ideal think the plans are quite finalized yet We are pretty close.
Ms. Chisholm:
Will d�y be?
18345
Mr.McCann: They will be once they get the final plans through the Council. Then I am not
sure ifthe City will charge for each set ofplans w go out Mr. Reinke, ran
you field that question?
Mr. Reinke:
Depending upon the amount of detail that is needed, if it werejust a simple
plan, just a single sheet, we would probably give it away for fire. If it is the
entire set of sealed plan, we would have to charge for that
Ms. C bishohn:
I am assuming that the Parks and Rec. Department will handle all the
scheduling of the facilities?
Mr. Reinke:
The Parks & Recreation Department is going to take over and be responsible
for the management and operation of the facility. I have already had the
pleasure of talking to Mrs. Chishohn today on the phone and part of our intent
is to, and what Mrs. Clishohn is getting to, is that there be a therapeutic
recreation program for individuals for disabilities and it is our invent and we
are working emently with Wayne Canty on doing a regional program but
we are also planning on having additional TR programs at this facility.
Nis. Cluishohn:
Ibank you.
Richard Knight, 15055 Hubbard, Kimberly North Com mourams. The exiting of the cars and
the lights shining into windows ofKnnberly North, exactly where does the
building sit relative to Kimberly North Ijustwurtoknowwherethe
driveways aregoing to be located There is somewhat of a problem there
now as far as the cars exiting the parking lot shining right into the
condominiums. I dual know if we can put a berm on the opposite side, on
our side, or a hedgerow or something There are lights shining in there quite
often especially in the wintertime and the sun goes down early. I also had a
question on this outside track Can people use it all night along and what kind
of security are you going to have? Can they pull thew cars marry time at
night and come over and use that? Right now people are turning thew
headlights on and they leave them on. I dual know if they are wamrmg up
theircarorwhatbuttheyturnthemmmdtheylmvethemou IdmIlmow
exactly how the cars are going to sit as far which direction they are going to
sit but right now they do slime right into the condominiums.
Mr.McCann:
They will be bermed when they are in the parkinglot It will only be for the
enhance and exits. Mr. Neu warm, can you identify the distance. Can you
identify where the new sheets are going to exit? Are they going to be at the
same location?
Mr. Neum man
We do not have the exact alignment either but I right say that the gentleman
has raised a point that we had not fiankly thought about but this is a
preliminary and we can work to work to try to align the drives since it is right
now on a piece of paper, to be aligned with drives across the way rather than
into someone's living quarters. We would be glad to try to work to do that
Mr. McCann:
Mr. Reinke, other than high school hacks, will there be any other limitation?
18346
Mr. Reinke:
This is being treated as a City park site. It will fall under the haus of the
ordinance of park sites, which are generally 7:00 am to 10:00 p.m This site,
it is our anticipation that we are going to have people in this building, not
necessarily using it but maintaining it 24 haus a day. There are m promises
that we can make that people won't be out there using it but our experience at
the other site where we do have this and where we are putting these in is that
they generally stop being used atter dark People don't go out there and do
this atter dark.
Mr. Knight
Tbankyou.
Mr. Piekcerchi:
Ron, you mentioned earlier about memberslip. Does everybody have to be a
member in order to use this facility, internally and externally?
Mr. Reinke:
No. There will be daily pass fees that will be available. There will be a
charge to use this facility wbether you walk in on a daily basis or whether you
buy a yearly pass. It will cost to use this facility. Itis a very highly
specialized facility so there will be a fee assessed with the use of the interim
facilities here.
Mr. Piercerchi:
That goes fm the basketball, the volleyball?
Mr. Reinke:
Everything that is inside the doors will have a fee attached
Mr. Piercecchi:
Have my prelimmory numbers been kicked around?
Mr. Reinke:
No. We are working m that and we dont want to say at this particular point
in time what those fees may be.
Mr. Piercecchi:
I know in the new arena that we are building next to Eddie Edgar there, that is
going to be subcontracted out to another unit because of the cost features.
Mr. Reinke:
Absolutely.
Mr. Piercecchi:
But this me here is going to be internally nm and in other words, it is going
to be financed basically by the membership of residents and non-residents. Is
that correct?
Mr. Reinke:
That is correct There is an operating subsidy that we have identified. We
intend to recoup any cost above that operating subsidy through fees and
charges. It is our intent to keep this as reasonably priced as possible because
the taxpayers in the City of Livonia have passed a outage to Fuad this
operation. Therefore, we will keep it as reasonably cost effective as possible.
Mr. Piercecchi:
Is there any idea of vkd the yearly cost Wins me going to be?
Mr. Reinke:
We can't divulge that at this point
18347
Dan Illavaty, 32150 Meadowbrook. I commend the Parks & Rec. Department, and I have
been trying to convince some people that they should take over maintenance
of the entire area including what the Livonia School Board has control over
here. I have had several conversations with the Mayors Office and Livonia
School Board about rumm Trig that property and how poorly A is being
mainhmednow. Ymcmpu upaverybeautifultuddinghe mditNvill
look very nice but the track area next door is usually in a state of disarray, a
lot of trash, a lot of problems maintaining that area, and vandals during the
evening I have called the Police Department several times to address those
issues. If any of that spills over to you new building, you ve got a real
problem Mr. Shane discussed the trash problem Right now the track is
being used usually twice a year. The existing track on the Livonia school
property usually is used twice a year by the Livonia School Board. They do
nothing to clean up after themselves. That trash for the next six to eight
weeks will blow directly onto you site over there where the new budding is
going in. Whatever the Planning Commussiou or the Parks&Rec.
Department can do to convince the School Board that they need to mairrtam
that property a little better would be appreciated. Currently the puking is
being blocked on Jamison. Again, A is the Livonia Public Schools property
fortheballdiamondthere. Barriers are put up to prevent people fromparking
m Jamison. What has occurred at that point is that people, ballplayers,
coaches and spectators will drive down to the existing parking lot Ibey will
drive over the sidewalk through the existing fence line, drive across the park,
the green area, and park directly along the fence, anywhere from 5 to 15
vehicles. The parking regulations are not being enforced in that area. I know
that at this point A would be difficult with the landscaping and the budding
areas there, but my concern is where does that parking that is for the bad
diamond now go? I am not looking fm answers tonight I amjust bringing
up these points. I am worried about the illumination of the parking lot
spilling over into the residential area there. I dont knowwhat type of
regulations will be used.
Mr.McCam: We pretty much use downward lighting everywhere. They explained they are
moving the padang lot considerably north from the residential area now so
there should be less effect to the residents.
Mr. Illavuy: I am also interested in any type of arty budgeting or planning fin mainhmance
and security beyond building the project I have been involved in several of
these projects and I am sad to say budgets are cut for maintenance and
ongoing security. They are the first things that fall by the wayside where we
now have a building that is falling in disarray in a short period of time and is
becoming unsecured, people stop using R
Mr. McCaw: I think what you have to do is Ink at our current pinks. I spend a lot of true
in our parks. Mr. Reinke does an excellentjob and using the Probation
Department from the Livonia Cauls assists in a lot of those activities fm
cleaning up problems which I was going to suggest ifthere is a problem m
that property, you might contact the court and they can send a crew out to
help pick up the garbage around it if it is a problem But so far Mr. Reinke
18348
has done an excellentjob with our parks and I am sue this will be maintained
in the same beautiful manner.
Mr. Fllavaly:
I hope Mr. Reinke can work with his neighbor, the Livonia School Board
because they have done a terrible job up to this point
Mr. McCann:
I am sue they are listening.
Mr. Fllavaty:
Those are my concerns.
Connie Justice,
18979 Sunset Boulevard. I have been a resident for 10 years. I would like to
add that support Mrs. Gtisbohn as fir as needing a therapeutic recreation
program for the special needs population- Livonia is rated as one of the top
cowwndies in the nation to raise a firmly in burl think we are lacking when
it comes to programs to address the special needs for therapeutic purposes.
Mrs. Koros:
I would like w reiterate what Ron Reinke already said. His staff has already
contacted us for numbers of students, who may have disabilities. I knowthey
have contacted other Wayne County districts. There are already working with
the County to provide some of that I share your concerns and I am confident
that they are already working on that
Ms. Justice:
That is very encouraging to hear. Thank you.
Rick Zoumboris,
15172 Berwick We are a little bit east We are going to be looking at the
backside of the new complex. I live between the 10 and 20 yard line of the
football field. When I moved in I had two small children, Bentley High
School was open. The school district maintained that property. When they
closed it they have left something that is pretty much of an eye sore in the
community. I don'tsee it anywhere marry city around I look at the Planning
Commission to O.K. this, the way Mr. Neumann and Mr. Metz have put this
Thing together, it is a beautiful piece of art If live on the east side and lets
sav you Lived on Berwick, and you look out your Goat door and you see a
barbed wine fence going around a piece of school property that bas been there
since 1985 since the school closed. Gentlemen and lady, we have missed
something here. Why do I have to look out my Goat door and see this? Mr.
Reinke has explained here today that the school district will let parking
happen on Five Mile on the north property for soccer fields and they will
continuously leave thein ba#d wire fence for us neighbors to look at when
there is a hour foot hurricane fence that goes armed the track, that blocks off
any activity that can be taken on the football field and destroy that because I
know they have a lease. I have called the police on kids that tried to break
into the school. I have been there 23 years and I don't wart to look at a
beautiful million dollar complex out my Gorr door through barbed wive fence
so maybe the Planning Commission can see it then way to address that
situation before any ground breaking car murnies take place.
Mr. McCain:
I believe the fence is all on the school property.
18349
Mr. Zoumboris: It is on the school property. I have been in Mr. Watson's office, the director
of operations. I have been in the Ordinance Depar idem and I have tallo?d
with Mr. Woodcox. Mr. Watson indicated to me that he was rl quite sure if
the fence was on the school property or not but he wasnt the operations
director when the school was built He does his best I see him at the YMCA
and he does a finejob but we need to have that fence taken down before we
have anything belt of this magnitude.
Mr. McCain:
We work very diligently, the Pbrm ing Commission, with the developers and
other developments around the City to end any barbed wire in the City of
Livonia but we have no control over the School Board. You need to go to the
School Board.
Mr. Zoumboris:
I have done that and I had Mayor Kirksey drive by a mouth ago. I talked to
him in Stan's Market He told me once the new building goes up they are
going to take care of everything. He said he wasn't sure if it was on school
property. I went out there and measured from the middle of the street, that
property and that fence is on the Livonia School District and I cant believe
anybody would have such an eyesore sit there with a 30 million dollar
complex Mr. McCarm, I am a little embarrassed to say but maybe you can
figure that ow and maybe you can address the school district or have Mr.
Reinke who is working with them. Maybe they can take that fence down and
really open it up to the public because if somebody climbs on that fence and
gels hurt it is going to be a really bad station. I am tired of looking at it
ILankyou.
Mr. McCann:
We'll take a look at it Think you. If there is no one else wisbing to speak, a
motion is in order.
Mr. LaPine:
Before a motion is made, I have a couple of questions for Mr. Reinke. The
outdoor volleyball, the outdoor inline skating, they will be operating at night
but there me no lights at those sites, is that correct?
Mr. Reinke:
At the present time there is no lighting on those facilities for nightmae use.
Mr. LaPine:
So in the summertime when it gets dark basically then there is no chance for
them to use the facility.
Mr. Reinke:
It is time for the kids to go home.
Mr. LaPme:
We are building a big facility here that is going to cost the taxpayers a lot of
money. I world hope that we could get together with the School Board,
because if this is built, and the school property is not maimained, it is a
reflectioq I think, on or building. I dont think the School Board warts that
anymore than we do.
Mr. Reinke:
I have noted that
Mr. McCain:
A motion is in order.
18350
On a motion by Mr. LaPine, seconded by Mrs. Koons and unanimously approved, it was
#2-28-2001 RESOLVED that, the City Planning Commission does hereby recommend to
the City Council that Petition 2001-01-08-07 by City of Livonia requesting
approval of all plans required by Section 18.58 of the Zoning Ordinance in
connection with a proposal to construct a new community recreation facility
on property located at 15100 Hubbard Road in the N.E. 1/4 of Section 22, be
approved subject to the follmvwg conditions:
1. That the Site Plan dated 7123/01, as revised, prepared by Neumann
Smith & Associates, is hereby approved, subject to final approval by the
City Council and any modifications thereof,
2. That the Landscape Plan marked Sheet SPA -1 dated 2/23/01 prepared
by Neumann Smith & Associates, is hereby approved, subject to the
final approval by the City Council and any modifications thereof. and
3. That the Exterior Budding Elevation Plan marked Sheet SPA -4 dated
223/01, as revised, prepared by Neurram Smith & Associates, is
hereby approved, subject to the final approval by the City Council and
any modthcation thereof.
Mr. McCann: Is there my discussion?
Mr. LaPine: I wart to commend Mr. Reinke and Mr. Neuro rm, for wbom I have known for
many years when he used to come out here when the City was first starting up,
he did a lot of work in Livonia He did an o rtsmadingjob. I am not happy
witheverything. I don't like to seethe pool in front taken brtwhm I look at
the overall plan and based on the fact that #we have to eliminate something,
we donYwant to elmni ume something that is recreational. Ithas to be
something cosmetic. Sol still would like to seethat bt I guess itis not going
to happen. I am hoping to see this completed in the very near name. Thank
you.
Mr. McCann, (Lairman, declared the motion is earned and the foregoing resolution adopted.
R will go to Council with an approving resolution. Mr. Taormina received a
call from the Council Office today requesting that we waive the seven day
rule. Is there a motion?
On a motion by Mr. Alanskas, seconded by Mrs. Koros and unanimously approved it was
#2-29-2001 RESOLVED that, the City Planning Commission does hereby deNmine to
waive the provisions of Section 10 of Article VI of the Planning Commission
Nudes of Procedure requesting the seven day period concerning effectiveness
of Planning Cormmission resolutions in connection with Petition 2001-01-08-
07 by City of Livonia requesting approval of all plans required by Section
18.58 of the Zoning Ordinance in connection with a proposal to construct a
18351
new commonly recreative facility on property located at 15100 Hubbard
Road in the N.E. 1/4 of Section 22.
Mr. McCamr, Chairman, declared the motion is carred and the foregoing resolution adopted
We will begin with the Public Hearing portion of our agenda.
ITEM #2 PETITION 2000-08-01-16 S & N Development CO. LLC
Mr. Piercerebi, Secretary announced tie next itera an the agenda is Petition 2000-08-01-16
by S & N Development Co. LLC, requesting to rezone property known as
19250 Victor Parkway located on the northwest corner of Seven Mile Road
and Victor Parkway in the SE. 1/4 of Section 6 from PO I to OS.
Mr. McCann: We received a liner dated February 13, 2001, addressed to Mr. Mark
Taonmra, Planning Director signed by Gregory Gibbard requesting that this
be postponed and rescheduled for May 8, 2001. Is there anybody in the
audience tmightvishmg to speak for or against this petition this evening I
dont see anyme. I am going to close the Public Hearing in regards to this. Is
there a motion to table this?
On a motion by Mr. Shane, seconded by Mr. Alanskas and unanimously approved it was
#2-30-2001 RESOLVED that, the City Planning Commission does hereby recommend
that Petition 2000-08-01-16 by S & N Development Co. LLC, requesting to
rezone property known as 19250 Victor Parkway located on the northwest
comer of Seven Mile Road and Victor Parlovay in the S.P. 1/4 of Section 6
Gam PO I to OS be tabled to May 8, 2001.
Mr. McCamr, Chairman, declared the motion is canned and the foregoing resolution adopkd
ITEM#3 PETITION 99-01-01-01 Phoenix Land Development
(George Burns Theater)
Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-01-01-01, as
amended, by Phoenix Land Development Corporation requesting to rezone
property located on the east side ofFamrington Road between Plymouth Road
and Capitol Avenue in the S.W. 1/4 of Section 27 Gam C-2 and M-1 to R 81.
On a motive by Mr. Piercecchi, seconded by Mr. Shane and unanimously approved, it was
#2-31-2001 RESOLVED that, pursuant to a Public Hearing having been held by the City
Planning Commission on February 27, 2001, on Petition 99-01-01-01, as
amended, by Phoenix Land Development Corporation requesting to rezone
property located on the east side of Farmington Road between Plymouth Road
and Capitol Avenue in the S.W. 1/4 of Section 27 Gam C-2 and M-1 to R 8I,
the Planning Cormussion does hereby recommend that Petition 99 -of -01-01
be removed from the table.
18352
Mr. McCann, Chairman, declared the motion is carred and the foregoing resolution adopt-&
Mr.McCann: Weare going to hear the two petitions together.
On a motion by Mrs. Koons, seconded by Mr. LaPme and unanimously approved it was
#2-32-2001 RESOLVED that, pursuant to a Public Hearing having been held by the City
Pla ^ ng Commission on February 27, 2001, on Petition 99-01-01-01, as
amended, by Phoenix Land Development Corporation requesting to rezone
property located on the east side of Farmington Road between Plymouth Road
and Capitol Avenue in the S.W. 1/4 of Section 27 from C-2 and M-1 to R 81,
the Planning Commission does hereby recommend to the City Council that
Petition 99-01-01-01 be approved for the following reasons:
1)
That the proposed change of zoning to the R -SC district is compatible to
and in harmony with the surrounding zoning and land uses in the area;
2)
That the proposed change of zoning to the R8C distric[will more readily
provide for the redevelopment of the subject property;
3)
That the proposed change of zoning to the R 8C district will promote a
comprehensive development plan for the subject Property;
4)
That the proposed change of zoning to the R8C district represents
reasonable and logical zoning plan for the subject property which adheres
In the principles of sound land use planing;
5)
That the proposed change of zoning will provide for a multiple family
type ofliving experience for those persons who deme an alterative to the
single family residence.
6)
That the proposed change of zoning will insure that the subject property is
developed for condominium uses as apposed to dme rental apartment uses;
and
7)
That the proposed change of zoning will result in a decrease in the annum
of C-2 zoning in an area already well served with a variety of commercial
uses.
FURTHER RESOLVED that, notice of the above hearing was given an
accordance with the provisions of Section 23.05 of Zoning Ordinance
4543, as amended
Mr. McCann Is there discussion?
Mrs. Koons: As
I look at our notes, I see the cbronology goes back to January of 1999 and
I kmw your chronology goes back even further than that so I want to
18353
co®®d you for sticking with this and getting to this point Thanks.
Mr. McCaw, Chairman, declared the motion is carried and the foregoing resolution adopted
That will go on to City Council with an approving resolution
ITEM#4 PETITION 99-04-02-13 Phoenix Land Development Corp.
(George Burns Theater)
Mr. Piemecchi, Secretary, announced the next item on the agenda is Petition 99-04-02-13 by
Phoenix Land Development Corporation requesting waiver use approval to
conslmct a planned residerrial development on Property located on the east
side of Farmington Road north of Plymouth Road in the S.W. 1/4 of Section
27.
On a motion by Mr. Piemerchi, seconded by Mr. Shane and unanimously approved it was
#2-33-2001 RESOLVED that, the Planning Coumussion does hereby recommend that
Petition 99-04-02-13 by Phoenix Land Development Corporation requesting
waiver use approval to construct a planned residential development on
property located on the east side of Farmington Road north of Plymouth Road
in the S.W. 1/4 of Section 27, be taken @ore the table.
Mr. McCann, Chairman, declared the motion is carred and the foregoing resolution adopt-&
Mr. Taormint presented a map showing the property under petition plus the existing zoning
of the surrrinding area.
Mr. McCann: Is there any comspondence7
Mr. Nowak There arefour ilems ofcomspondew The fast item is a letter from Poe
Engineering Division, dated February 21, 2001, which rads as follows:
"Pursuant to your request, the Engweerrig Division has reviewed the above
referenced petition The Engineering Division has an objection sot the
proposal We bust that this will provide yon with the information requested"
The letter is signed by David Lear, PE., Civil Engineer. The second dean isa
letter lion the Division of Police, dated February 23, 2001, which reads as
follows: "The revisedplans snbmittedfor Founiam Park have been reviewed
The Traffic Bureau has no objections to the development ofthu land as
revised However, there are concerns that were raised due to the increased
traffic along Plymouth andFi rmmgton Roads that are sure to accompan, a
developmentofthumagnitude. The addition ofa deceleration kine -for
wrthboundFarmmgtommdlatelynorthofPlymonth Roadwouldwiden
the road to a tandm16liums (curb to curb). This added lane would then
accommodate the traffic intending to turn roto the site from northbound
Farmington, thus creating less interference to the through northbound traffic.
The southern driveway on Farmington Road north of Plymouth Road should
bepostedfor'WoLefllurn" For the northern driveway of Farmington Road
we suggest that the width of the traffic island (which appears 0 be 22.5 feet)
18354
be reduced by 7 feet to allow for two exiting lanes ojtraffe One lane would
be designedfor right frons and the second lane designedfor left toms. This
would allow more vehicles to exit andredoce the number ofvehicles stacking
while awaiting they opportunity to over. At the center driveway on Plymouth
Rondo e recommend reducing the width of the traffic island by 2 feet thereby
allowing two 12 jeet wide lanes for telling vehicles to use. The Traffic
Bureau is recommending'No Leff Turn"signs be postedjor exihng vehicles
for the western -most driveway on Plymouth Road Additionally, "No Left
Tion "signs posted to prohibit left frons for eastbound Plymouth Road traffic
into the site at the just driveway east ofFarmingian Road Stop signs posted
at each driveway ofthe site. Stop signs should also be postedjor traffic
within the site leaving the residential area and entering the commercial
area. " The letter is signed by Wes McKee, Sergeara. Traffic Burean. The
third lett is firm the Inspection Department, dated February 26, 2001,
which reads as follows: "Aasuant to your request ofFebmazp 16, 2001, the
above referenced petitionhas been reviewed the following is noted: (1)
This site has been proposed forzoning changes Le. Ora shift in the C -21,R-8
Zoning boundary. Also, applications for waiver for Planned Residential
Devehapment and Planned General Develapment using Article XX have
been submitted Therefore, the review has been conducted as the Zoning is
proposed and also Article XX ofOrd. 543.(2) The site is lacking the fenced
and adequately equipped recreation area air squarefeet, and therefore,
willneed a variance from the Zoning Board ofAppeahe (3) A variance
from the Zoning Board ofAppeals willbe needed for deficient driveway
widths. Twenty-two (22) foot minimum is required as depicted (4) The
required prolective wall or greenbelt is not sufficiently detailed and needs to
be clarified to the Planning Commission's satisfoctlon or a variance from
the Zoning Board afAppeals will be required (5) The deficient front, side
and interior yard setbacks maybe waived by the Planning Commission and
City Council under Article XX ifit is determined that such modification is
more efficient use and will not be injurious to surrounding land and to the
public has a whole. (6) This plan will need a variance from the Zoning
Board ofAppeals for deficient covered parkurg spaces (177 required, 142
provided, 35 deficient). (7) This review has been conducted under the
premise that the exterior construction is essentially maintenance free, (8)
No fighting appears to be provided for the residential area. This shout/ be
clarified for the Commission. (9) No signage was reviewed. Ills
Department has no further objections to this Penton." the letter is signed by
Alex Bishop, Assistant Dvector of Inspection. The fourth dent is firm the
Livonia Fire & Rescue Divisim, dated Sees E Corcoran, Fre Marshal,
which reads as follows: This offee has reviewed the site plan submitted in
connection with a request to construct a plumed residential development on
property localedon the east side ojFarmington Road between Plymouth
Road and Capitol Avenue in the S. W. 114 of Section 27. We have no
objections to this proposal with the fallowing stipulations. (1) Adequate
hydrants being provided and located with spacing to put all areas within
300' ofhydrant Most remote hydrant shallflow 1500 GPM with a residual
pressureof20PSb (2) Estabfishfoelaaesthroughoutcomplextoprovide
accessfor Fire Department equipment. These shall beposand "Fire Lane-
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No Parking." (3) Access around buildings shall be provided for emergency
vehicles with turning radius up to forty -fore feet wall to wall and a
minimum vertical clearance ofl3-12 feet" The letter is signed by James H
Corcoran, Fre Marshal. We also have a letter form the Plymouth Road
Development Authority addressed to the Members of the Planning
Commission, dated February 23, 2001, which reads w follows: 'By this letter
we are lrammumng to you for your information a copy of the review letter the
PR-D.A. received form our consultant with respect to the above referenced
project The comments as set forth in the subject letter have been reviewed
by the members of the PR-D.A. Construction Committee and have concurred
in the consultants review and comments. In this cormection, we would
especially like to call your attention to Item 1 regarding the area from the
back of the road curb of 65 feet in each direction that makes up the glaze area
and in addition that these improvements would be funded by the PADA.
The devel9oper should fiord all other improvements along both Plymouth
Road and Famringfon Road The PRDA. would limber like to advise the
Commission that it is our policy after completion of these streetscape
improvements to assure the bill responsibility for the landscape
maintenance. The areas to be included as shown on the site plan is the area
from the sidewalk to the first row of puking spaces and from the sidewalk
and the mile road subs. This maintenance will be the irrigation. mowing,
feRihznioma, pnming and clarn-up of those areas at our costs. We appreciate
the oppordmity to provide you with our review and comments on this matter.
The P.RD.A. is happy to provide arty hither information the Planning
Commission may need on this matter." The letter is signed by John J. Nagy,
PADA. Director. That is the extent of the correspondence.
Mr. McCann: Is the petitioner here this evening?
Steven Schafer, Phoenix Land Development, 32000 Northwestern Hwy. 3145, Farmington
Hills MI 48334. Ibis area we have obtained a permit from the DEQ to
preserve a portion of the existing wetlands and arty wetlands that will be
takm will be replaced at a 2 to 1 mitigation ratio on site. You notice that we
have scaled down the retail area across the from. We have opened it up a
little more with some pedestrian access through some of the retail areas and a
little bit better connection back into the residential area Since our last
meeting, we have added some additional parks up on the north end of the site
for the residential area as well as made some modifications here behind retail
B. Our parking now is in excess of approximately 30 extra spaces on the site
and we are proposing possibly office or restaurant sites between these two
areas, a bank site in this area, in-line retail with a Walgreen drugstore on the
comer and the residential units that we are proposing in the back are identical
to the types of units that we are currently building over at the Bell Creek
Square development at Su Mile and Farmington. It will be mostly of brick
and limestone and a Georgian style with a front entry, evenly split between
ranches and town homes. If you have any other questions, I will be happy to
ayswerthem foryou
Mr.Alanskas: Canyoutell me why youwent from FommtaioPukto Rosedale Town Square.
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Mr. Schafer: I have been urged by some of the residents m Old Rosedale to consider
changing the name of the project They were very supportive of the project
We have been meeting with them regularly at then association meetings.
Every time I have gone there, they really wanted to have some type of a tie in
to their neigbborhood.
Mr. Alanskas: Have you gotten any response from the City m regards to the name change?
Mr. Schafer: No but I am open
Mr. Alanslms: Between Building D & E, that big open space, what are you going to do with
that?
Mr. Schafer: The last time you saw some parking. It was pushed more into this area and
we made some adjustments and we wanted to make sure we staved at the 2 to
1 mitigation ratio. Ibis is all going to stay natural.
Mr. Alanskes: You couldn't put a court there and some tables?
Mr. Schafer: No.
Mr. LaPine: Is everything now settled with the wetlands?
Mr. Schafer: Yes. The perm bas been issued although there has been some change
because initially we were going to take more wetland than we were approved
to take more wetland. We will have a modification of this permit that we are
going to be doing on Thursday, I would invite Mr. Taormina to attend that
meeting, to finale the re -issuance or the amendment of that permit
Mr. LaPine: So all the wetlands that stand there today will be there when you build this?
Mr. Schafer: No. There is approximandy 6.98 acres, almost 7 acres, of wetlands. We will
be taking 1.70 ares of wetlands but the net result will be that there will be
more wetlands on that site.
Mr. LaPine: The 1.7 ares that you are taking out, where is that located on there?
Mr. Schafer: You can see the dotted line that runs through here. It is essentially a in flus
section and then a small section in through here. We had to make a
justification to DEQ that we had to have our alignment of our drive here.
That it couldn't shift in either direction and this was the most logical place to
have it with the Sheldon Center access here. We didn'twantw have tum
conflicts. We had to take that portion of the wetlands and also we made
justification that this was an integral part of our development as well being
the commercial frontage.
Mr. LaPme: We still are considering a bank and building there, is that correct?
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Mr. Schafer:
That is correct
Mr. LaPme:
I understood you to say that originally Budding E was going to be a
restaurant Is that still a restaurant?
Mr. Schafer:
Yes. RigbtnowE&Dcmberestaurantsorpo fiallymeoftbemcouldbe
used as an office use.
Mr. LaPine:
When you say office what are you talking abort? Wbat type ofoffice, a
doctors office?
Mr. Schafer:
It could be. We are talking to PADA and the Chamber of Commerce for a
possible relocation to this site.
Mr. LaPme:
The others, B, C & D, you've got them 5,000, 3,000 and 12,000 but that could
change. Maybe the 5,000 could possibly be two 2,500. Is that possible?
Mr. Schafer:
Yes.
Mr. LaPme:
And the retail B, instead of having three 40's and a 50, is there a possibility
that cold be one building and possibly could be two?
Mr. Schafer:
That is very possible.
Mr. LaPme:
I lost my pard a friar of the recreational center and I assume that I have lost
my famtain here, too?
Mr. Schafer:
Yes. It will be well landscaped and the comer has come a long way since we
got staried
Mr. LaPme:
That is why you changed the name? OX. Thank you
Mr. Shave:
Does the landscape plan currently comply with the recommendation of the
PR -DA.?
Mr. Schafer:
It should. We were provided drawings. My landscape architect did take a
look at it I did appear in front ofPAD.A. and I supplied Mr. Reinholt from
the landscape consultants you are using Beckett & Raeder, to review the plan
and critique it to make sure it was in keeping. I believe it was also m the
PRDA.'s motion in a lett to you that it be consistent and they are taking a
look A that as well.
Mr. McCain:
I've got a couple of questions. Mr. Schafer we reduced some of the parking
deficiency in the residential areas. Is that correct?
Mr. Schafer:
Yes.
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Mr. McCann: One ofthe things I was looking at in my plans and that is the south side
between B & C, the buildings there you have put in some greenbelt area
behind those buildings?
Mr. Schafer:
Yes. Actually I did not take a look at the revised landscape plan but yes, he is
proposing a hedgerow with some trees.
Mr. McCann:
There will be no doors or accesses from the rear of that
Mr. Schafer:
That is correct. There will be a access door not here. We have re -modified
this dumpsler area so there is easy access to get to that Also we provided
access for vehicular track to pick it up. We will control that throngb there.
This is a very small cent now. In Dearborn we did it in a 2400 sq. ft cent.
This is only a 1200 sq. ft configuration. It will be very convenient Itcould
shape out that there will only two or three tenants in here. Bart there will be
common corridor thatwill channel that out Deliveries can come here. They
can bring in there.
Mr. McCann:
We don'thave the building elevations for those commercial utits Athis point,
do we?
Mr. Schafer:
I believe I did furnish some conceplanls.
Mr. McCann:
But he will be coming back before with those commercial budding elevations
or not, Mr. Taormina?
Mr.Taormina:
When you look at how the project was approved some months ago involving
the commercial, that issue still resides in the Committee of the Whole. So I
know that issue is still going to be looked A by the Council.
Mr. McCann:
One of the things that liked about this plan is that it is more to the original
proposal of integrating the residential unit with the commercial. The front of
the residences are facing the rear of these buildings, the streetscape park
directly in front of it and what I am hoping to do is look at the greenbelt area
behind the building and the type of treatments that are going to be put on the
building so as to make it appealing from both sides. You have done a lot to
improve the homogeneous nature of these types of uses. I want to make sure
the elevations reflect what we are doing in the site plans.
Mr. Schafer:
You'll see a tie in with the brick with the limestone banding between those
omits and we also have provided a lot of green area Ifyou go by and take a
look at the Walgreens up at Su Mile and Farmington and if you look at this
elevation, it is an all brick elevation, very ince shingled roof with a drive- flim
but it is very residential looking It will not be a bad side of the building,
dumpsters, activity of that type where they are going to throw things out the
back. That happens in this area and this will be screened So fiomthe front
impact there, I think we are O.K. Also we are able to pmt in an 18 foot
landscape island that will also visually buffer that as well.
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Mr. McCann: Ijust see shrubberywith trees. Is it possible to have the greenbelt brought
back with the budding elevations when they are ready? Only I can see that
there are some vast ehprovements in the lay" but I really don't have a good
feel for what type ofplanangs could be put m there to match what you are
putting in the residential portion.
Mr. Sbane:
We never see site plans wither doing all ofthis. I amuncomfortable with it
here.
Mr.McCann:
What I am showing in frond of each unit is me me on the plans that were
provided me that are backing up to Buildings B & C. It doesnk show any sod,
my bushes, any shrubbery or mhy rvpe of flowering plants. I would assume
that from seeing the other F,vddings that would all be included or is that some
of the doings that the Association would do?
Mr. Schafer:
You mean outside of the boundaries of the commercial?
Mr. McCain;
Yes.
Mr. Schafer
That is something the Association would do.
Mr. McCain:
That is not included in the site plan at all? It looks hike you included trees,
and bordering shrubs.
Mr. Schafer:
We should really provide you with a bell um detail. I am surprised it does
not show the individual units.
Mr. McCain:
What wad to do is carry that theme that you are using in the condominium
association, some of that to the bordering of your commercial end to help
blend the two. Do you see what I am trying to do? If we can bring the brick
back and forth, you put the greenbelts m and what I mu fymg to do is match
everything up so the transition is good between them I mu not getting that
feeling from these plans and that is my concern
Mr. Schafer:
I can provide nnre detail to staff.
Mr. McCam:
Mak, I will look to you for suggestions.
Mr. Torn a:
I think if A is the decision this evening to move the site plan forward, I think
that A would be reasonable to bring the issue of the landscaping back for
further review because the two sites are inter -connected Oneofthethings
that I noticed on the plan this evening as it relates to the commercial
component is the fact that, although there are some details on Bre landscaping,
we don't have a plant schedule. There is a plant schedule but I'm not sure if
that is only for the residential because they call out the numbers and the
quantities in the specie type on that plan and I don'tsee it on Sheet Ll of 3
which is the commercial plan. Isuggest that we review this matte prior to it
being placed on the Council's committee agenda
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Mr. McCann:
I do want to move him along. I want to make that clear. I am pleased, I think
everybody has worked very hard to get where we are at today but there a few
minor things, I don't think they are minor. I think whatwe have worked to
get here, we need to do the finish work on it or at least make sure that it gets
done at Council level, if not here. I also had one other question. That section
right in there, is tlat going to be left natural or is that going to be improved?
We don't have a landscape for that area
Mr. Schafer:
It is going to be improved up to the wetland line.
Mr. McCann:
As far as I can tell, lt is one of your largest areas for open space. Was there
any thought of putting to prink beaches or arty type of improvements like that?
Mr. Schafer:
Yes. Actually I think there should be (maudble) I would agree with you that
we were really pressed to get the site plan to stop moving. Because every
time we did the site plan, we moved the landscape plan. We warded you to
get comfortable with the site plan and we did hurry to get it submitted I do
think we need to take a little bit closer look at what we have done and maybe
have a little bit more detail from the individual units standpoint, as well as a
review fiom PRDA. I thmk there are definitely some issues fiom a landscape
standpoint that I think we need to address. I am willing to come back with
something as far as amenities to that area as well.
Mr. McCann:
I can not sure how you want to do itbut right behind Building D, the trash
enclosure, webe got a storm retention area, a sidewalk coming back and
people are going to be walking by. Is there anyway to set that fasb enclosure
back at all to try and screen it People are going to be walling over to
Budding D and Building Cright along Haat sidewalk
Mr. Schafer:
I think Hunt sidewalk can be moved away from it a little bit so I can get some
green in between it, maybe so it isn'tso straight I could pit some curves in
it, where it curves to over away fiom there.
Mr. McCann:
I would like to by and do it, again, that would come into some greenbelt do if
we can move it in here so as to make it kind of a walkway in Huere.
Mr. Schafer:
Achully, there right be an opportunity for me to bring that in here.
Mr. McCann:
You are behind Building C there?
Mr. Schafer:
Yes.
Mr. McCann:
I was looking at Building D ter.
Mr. Schafer
Are you looking at this dumpskt!
Mr. McCann:
We could move the dumpster C eastward and maybe possibly behind building
D, move Haat one a little farther back.
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Mr. Schafer: This one?
Mr. McCann: Yes. If we could keep it closed, that is about all we can do with it That is
about as far away as we can get it I am looking A the people coming around
on the sidewalk around the park there Yoube moved the sidewalk as close
as you can to the road, I assume that is to not infringe an the wetlands?
Mr. Schafer c Correct
Mr. McCann: What I am trying to do is make that walkway there as nice as we can to bring
those people into the park and that is going to be your main enhance,
focusing on that sidewalk, as well. So whatever we can do about greenbelt in
that area is a focal point in coming into the park and into the residential area.
You have done a lot in improve the looks of this and if there is some minor
tweaking in those areas we can do, it might help. Ifthere are no further
questions from the Commissioners. I will go to the audience. This was a
pending item and we need a unanimous consent from the Commission for the
audience to participate, if there is someone out there. I dont see anyone. A
motion is in order.
On a motion by Mr. LaPine, seconded by Mr. Shane and unanimously approved, it was
#2-342001 RESOLVED that, pursuant to a Public Hearing having been held by the City
Planning Commission on February 27, 2001, on Petition 99-04-02-13 by
Phoenix Land Development Corporation requesting waiver use approval to
construct a planned residential development on property located on the east
side of Farmington Road north of Plymouth Road in the S.W. 1/4 of Section
27, the Planning Commission does hereby recommend to the City Council that
Petition 99-04-02-13 be approved subject to the following conditions:
1) That the Site Plain marked sheet SPO2, prepared by SSOE, Inc., with a
revision date of February 26, 2001, is hereby approved and shall be
adhered im
2) That the landscape plan shall come back to the Planning Commission for
father review and recommendation before going to the City Council;
3) That all plan ted material shall be instilled to the satisfaction of the
Inspection Department and thereafter permanently maintained in a healthy
condition;
4) That the Townhouse/Flat Elevations Plans marked Sheets A-3 and A-4,
prepared by Barton & Associates, dated September 2, 1998, are hereby
approved and shall be adhered to;
5) That all brick used in the conshuction of the budding sball be full face 4 -
inch brick, no exceptions;
18362
6) That aplan for identification signage for the residential portion of this
development shall be submitted for approval within 60 days following
approval of this petition by the City Council; and
7) That all electric and gas metes will be installed can the side of the buildings
and screened by landscaping
For the following reasons:
1) That the proposal is in compliance with all of the special and genial
waiver use standards and requirements as set forth in Sections 20.02 and
19.06 of the Zoning Ordinance #543;
2) That the proposed use is compatible to and in harmony with the
surrounding uses in the area;
3) That the subject site has the capacity to accommodate the proposed use;
and
4) That the proposal represents a reasonable and logical development plan for
the subject property which adheres to the principles of sand land use
planing
FURTHER RESOLVED that, notice of the above bearing was given in
accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as
amended.
Mr. McCann: One of the things we talked about, does the staff feel A is necessary to bring
back the landscape plan to the Planning Commission or can you work with the
developer as far as trying to integrate the two landscape plans.
Mr. Taormina: If heard you right this evening, there were still some concerns about the
landscape treatments, particularly along the north side of the cormnemial
development where it interfaces the residential. Although I think I have a
good understanding of what those concems are, I dont think it would be
inappropriate at all to have this item come back to you for another look if
nothing else at a study meeting Maybe if you could amend condition 42 to
indicate that the landscape plan should come back to the Planning Commission
for Gather review and recormnevdation prior to going to City Council for
approval of this item
Mr. LaPine: I have no problem with that additional verbiage.
Mr. Alanskas: If we could add that all electric and gas meters will be installed can the side of
the budding and screened by landscaping just not in frim[ of the budding
Mr. LaPine: I have no problem with that
Mr. McCann: Mr. Schafer, will that be a problem for you?
18363
Mr. Schafer: No.
Mr. McCann, Chairman, declared the motion is canned and the foregoing resolution adopled
It will go on to City Council with an approving resolution. Good luck
ITEM #5 PETITION 2000-11-02-34 Pugh Shows, Inc
Mr. Piemecchi, Secretary, announced the next item on the agenda is Petition 2000-11-02-34
by Pugh Shows, Inc. requesting waiver use approval to conduct a carnival
sponsored by the Livonia Mall Merchants Association consisting of
amusement rides, games and food concessions from April 12, 2001 through
April 22, 2001, inclusive, on property located on the north side of Seven Mile
Road between Middlebelt Road and Purlingbrook Road in the SE. 1/4 of
Section 2.
Mr. Taormina presented a map showing the property under petition plus the existing zoning
of the surrounding area.
Mr. McCain: Is there any correspondence?
Mr. Nowak There are four ids of correspondence. The fust item is a lett from the
Livonia Fre & Rescue, dated January 12, 2001, winch reads as follows: "This
olgce has reviewed the site plan submitted in connection with a requesrfor
waiver use approval ma conduct a carnival sponsored by the Livonia Mall
Merchants Association on property located on the north side of Seven Mile
Road between Mddlebeh Road andlowlengbrookRoad in the S . 1/4 of
Section 2. We have an objections to this proposal with the following
sripu/ahom (1) Provideandmaintainclearaccessmaclosesthydrant" The
letter is signed by James E Corcoran, Fire Marshal. The second leiter is form
the Inspection Department, dated January 16, 2001, which reads as follows:
'Pursuant to your request ofJanumy 10, 2001, the above referenced petition
has been reviewed Thu Department has no objections ma this petition." The
kiRr is signed by Alex Bishop, Assistant Director ofhrspectioa The Pond
lethx is from the Division of police, dated January 22, 2001, which reads as
follows: "We have reviewed the proposed site plan regarding conducting a
carnival at the Livonia Mall. We have an objections ma the plan as submitted
As in the past, tmckstorage must comply with Livonia City Ordinance." The
lett is signed by Wesley McKee, Sergeant, Traffic Bureau The fourth leiter
is from the Engineering Division, dated January 31, 2001, which reads as
follows: "Pursuant to your request, the Engineenng Division has reviewed the
above referenced periaon The Engineering Division has no objections ma the
proposal. The follo nag legal descritumn should be used in counterman with
this pentwn: 'That part of the Southeast 114 of Section 2, T. IS., R. 9t,, Cdy
ofLivonia, Wayne County, Michigan described as beginning at a point
distant South 89'52'00" West along the South line of Section 2, 40 0. 00 feet
and North, 60. 00feet from the Southeast comer ofSection 2 and proceeding
thence North, 330.00 jeep thence South 89'52'00" West, 480.00 feet,' South,
18364
330.00 feeg thence North 89052'00"Ens; 480.00 feet to the point of
beginning.' We trust that this w$[ provide you with the information
requested." The lelteris signed by David Lea, PE., Civil Engineer. Thatis
the intent of the correspondence.
Mr. McCann: Is the petitioner heretbis evenine
James Wegerly, 3041 Serenity, Oakland, Michigan and accompanying me this evening is Mr.
Carl Zaibo, the Manager of the Livonia Mall.
Mr. McCann: Is there anything dilEerevt about this year than last year!
Mr. Wegedy: No. The petition we have before you really is a duplicate of past events that
we have done at the Livonia Mall and fried to address your previous concerns
and basically it is slatus quo Two what we presented last year at the same site.
Mr.McCann: Did you have any problems last year that you needed to comet?
Mr. Wegedy: Now that we are aware of. It seemed to go very wx11 The site lends itself
very nicely to this event, we feel.
Mr. McCann: Are there any questions Tom the Commissioners?
Mr. Alanskas: Are you guaranteeing good weather this year!
Mr. Wegedy: All we need is sun and 75 degrees and if you can help us out, we would be
most appreciative.
Mr. Piemecchi: Howmany, rides are you going to setup out there?
Mr. Wegedy: We erect appmximztely 20 rides A this site. It might give or take one or two
but that is approcirnately what it holds. It depends on exactly which rides we
set up. Some require a greater area or smaller area than others.
Mr.Piemecchi: Canty assumethatyouhavereceivedyouroperatingpemtitfortheyear
2001?
Mr.Wegedy: Nowehavenot The State ofMichiganjust seat "the applications but we
are filing it Pols week and we will be receiving it nextweek, probably.
Mr. Piemerchi: But your rides have received approval now and Tom last year!
Mr. Wegedy: Absolutely. Per the State of Michigan law all the rides are all legal to
operate in 2001 and they will be inspected, many of them on site. This year
the carnival is coring to Livonia Mall. We will have been in Michigan fora
month prior. We are going to do the event this year inside the Silverdome,
Anch opens mid-March and then there will be another installation prior to this
ore. We will be open quite early this year in Michigan These rides, by the
time they arrive here, will probably all have 2001 stickers on them
18365
Mr. Piencerchi: One of the things that concern me about carnivals is that they have an
adequate number of con thissioned inspectors to give the daily inspections to
the rides.
Mr. Wegedy: Absolutely. Per State of Michigan law we must have a license and approved
inspectors by the State of Michigan on the site at all times. We, of crime, do
this and we have an in-house safety program In addition to that we are
inspected by our insurance company and we actually hive independent safety
consultands to inspect our equipment so we are very conscious of that As a
matter of fact we were honored a few years ago. We were awarded the
National Safety Award out of every carnival in the United States. We were
the wirier of 9 from the American Recreational Equipment Association, so
we are very proud of that
Mr. Piemeccbi: What ratio do you use of inspectors to rides?
Mr. Wegedy: It would depend on the size of the camival.
Mr. Piemeccbi: For this one.
Mr. Wegerly: The way A would operate within our company is that each of our divisions
bas one head inspector who is in charge of the entire safety program. That is
all he does on that carnival then there would be an addition to ]tiro probably
with this camn-al three or four additional licensed State of Michigan
inspectors on site.
Mr. Piemecchi: So you've got at least five rides and one inspector!
Mr. Wegedy: Absolutely. The rides are inspeced every day. We must fill out a form every
single day did is Inpt an file for the State.
Mr. Piemecchi: Thank you
Mr. LaPine: Mark, on the next case, I see that they are supplying a $2,000,000 insurance
certificate naming Livonia Mall and City ofLivoma,ete. Do they have to
have an insurance policy too?
Mr. Wegedy: Absolutely. We supply a $10,000,000 policy. Our company carries that
limit We, of course, one ofthe things we have to do forthis event and the
Livonia Spree, which we service, which you are well aware, we have to file
me of our certificates of insurance with the City Clerks Office every year,
naming the City of Livonia as an addrimal insured.
Mr. LaPine: Ijust wanted to make sure we are covered
Mr. Wegerly: Yes sir you are.
18366
Mr. McCann: If there are no briber questions from the Commissioners, I will go to the
audience. Is there anybody in the audience wishing to speak for or against
this petition? Seeing no one, I will close the Public Hearing. A action is in
order.
On a motion by Mr. Piercecchi, seconded by Mrs. Koons and unanimously approved, it was
#2-35-2001 RESOLVED that,pursuantto aPublic Hearinghaving beenheldby the City
Planning Commission on February 27, 2001, on Petition 2000-11-02-34 by
Pugh Shows, Inc. requesting waiver use approval to conduct a carnival
sponsored by the Livonia Mall Merchants Association consisting of
ammsemend rides, games and food concessions boom April 12, 2001 through
April 22, 2001, inclusive, on property located on the north side of Seven Mile
Road between Middlebelt Road and Purlingbrock Road in the SE. 1/4 of
Section 2, the Planning Commission does hereby recommend to the City
Council that Petition 2000-11-02-34 be approved subject to the following
conditions:
1. That the carnival sha0 be limited to the darts as specified by Pugh Shows,
Inc., which are April 12, 2001 through April 22, 2001, inclusive;
2. That the proposed carnival operation shall be confined to the area as
ilhusha4.d on the site plan submitted with this request;
3. That all rides, food concessions, booths and all other equipment and
apparatus relating to the operation of the carnival shall be located at least
60 feet distant from the Seven Mile Road right-of-way line;
4. That all trucks and other transportation equipment shall be parked or stored
within the northwesterly portion of the Livonia Mall parking lot, but no
closer than 100 feet boom the west property line ab4ting the Ziegler Place
site or 250 feet from the south property line abutting Hunters Brook
Com mu n'mars;
5. That there shall be no motors mmming an the stored trucks dining late
hours, especially between 11:00 p.m m 7:00 am including motors on any
refrigeration trucks;
6. That there shall be no living quarters at the location of the stored trucks;
7. That the hours of operation of the carnival shall be as stated in a letter
dated October 28, 2000 from James K. Wegerly, President of Pugh Shows,
Inc., which have been approved by the Police Department.
8. That access to fire hydrants is provided for the Fre Department
For the following reasons:
18367
1. That the proposed use complies with all of the special and general waiver
use standards and requirements as set forth in Sections 11.03 and 19.06 of
the Zoning Ordinance 4543;
2. That the site has the capacity to accommodate the proposed use;
3. That the use of the subject property for carnival purposes will not
interrupt the normal traffic flow and circulation in the area and will not
impede access to the Livonia Mall;
4. That no reporting City department objects to the proposed use.
FURTHER RESOLVED that, entice of the above hearing was given in
accordance with the provisions of Sectim 19.05 of Zoning Ordinance 4543, as
amended.
Mr. McCarm, Chairman, declared the motion is carried and the foregoing resolution adopted
ITEM #6 PETITION 2001-01-02-01 Jeff WrMams (Playwodd)
Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2001-01-02-01
by Jeff Williams on behalf ofPlayworld Amusements requesting waiver use
approval to conduct a carnival sponsored by the Livonia Rotary Club
consisting of amusements rides, games and food concessions from May 2
through May 13, 2001, inclusive, on property located on the south side of
Plymouth Road between Middlebelt Road and Milburn Avenue in the ME
1/4 of Section 35.
Mr. Taormina presented a map showing the property under petition plus the existing zoning
of the surrounding area
Mr. McCann: Is there any correspondence?
Mr. Nowak Thereareforilemsofconespondence. ILefrstiternisalelixfrom Poe
Livonia Fire & Rescue Division, dated January 12, 2001, which reads as
follows: "This office has reviewed the site plan submitted in connection with
a request for waiver use approval to conduct a carnival sponsored by the
Livonia Rotary Club on property located on the south side of Plymouth Road
between Mddlebeh Road and M[burn Avenue m the N.& 1/4 of Section 35 at
the above referencedaddress. We have an objections to this proposal with
thefollowmg stTedation. (1) Provide and southern clear access to closest
hydrator." The letter is signed by James E. Corcoran, Fire Marshal The
second letter is from the Inspection Department, dated January 16, 2001,
which reads as follows: "Purse t to yore request ofJann ry Z0, 2001, the
above referenced petition has been reviewed The followerg is noted: The
actual Sedim of 543 a II.03(3), not II.03(I)(3). Thu Department has m
objections to this petition" The letter is sipped by Alex Bishop, Assistant
Director oflnspectiom The third letter is from the Division of police, dated
18368
January22, 2001, which reads as follows: "We have reviewed the proposed
site plan regarding the above listedpehtion and have an objechons to the
plan as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic
Bureau The fourth letter is from the Engineering Division, January 31, 2001,
which reads as follows: "Pursua wyourreques;the Engineering Division
has reviewed the above referenced petition. The Engineering Division has no
objections to the proposal at this time. The following approxnmte legal
descriphmsbouldbeusedinconnectionwRhlhispetitios 'Thatpartofthe
Northeast 114 of Section 35, T. IS., R. 9E., City ofLivonia Wayne County,
Michigan more particularly described as beginning at a point datant North
89 49'46" Wes;1230.00 feet and South 007074" West, 60.00 feet from the
Northeast corner ofSection 35 and proceeding thence South 0070'14"
West 260.00 feet,; thence North 89049'16" West 350.00 feet,; thence North
00-10 F14"Emit, 100.00 feet,; thence North 89049 '16" West 100. 00feet,
thence North 007074"Ems;160.00 feet,; thence South 89 49'16"East
450.00 feet w the point ofbeginning.' We trust that thu will provide you
with the information requested." The left is signed by David Lear, PE.,
Civil Engineer. That is the extent of the correspondence.
Mr. McCain: Is the petitioner herelhis evemnag
Jeff Williams, 31250 Cooley, Westland, Michigan.
Mr. McCain: Tell us about your petition tonight Is there anything unusual or changed from
last year!
Mr. Williams: No. Everything is the same. We are going to have one more ride than we had
lastyear, a new ride that we bought and some amenities. We will have a hand
washing station and a baby changing station and a mister. It is a big fan that
News am.
Mr. Piercecclic How many rides are you going to have?
Mr. Williams: Nineteen.
Mr. Piercecchi: You heard some of the comments that I dnecily toward Mr. Wegerly. You
toohavemtreceivedyomyearlypemnityetbutitisco g. Isfla correct?
Mr. Williams: It is coming. We will be in the State of Michigan a month prior to that date.
We will be inspected before we are in Livonia
Mr. Piereecchi: I was under the opinion that by March 1 everybody was suppose to be
mspectedm this state.
Mr. Williams: That is correct but sometimes the inspectors dont get out as fast as they
should until all the paper work is done.
Mr. McCain: If there are no further questions from the Commissioners, I will go to the
audience. Is there anybody in the audience wishing to speak for or against
18369
Pols petition? I dour see anybody. I will close the Public Hearing. A motion
is in order.
On a motion by Mrs. Koms, seconded by MR. Pierceccli and unanimously approved it was
#2-36-2001 RESOLVED that, purniantto a Public Hearing having been held by the City
Planing Commission on February 27, 2001, on Petition 2001-01-02-01 by
Jeff Williams on behalf ofPlayworld Amusements requesting waiver use
approval to conduct a carnival sponsored by the Livonia Rotary Club
consisting of amusemeNs rides, games and food concessions limit May 2
through May 13, 2001, inclusive, on property located on the south side of
Plymouth Road between Middlebelt Road and Milburn Avenue in the N.P.
1/4 of Sectio 35, the Planning Commission does hereby recommend to the
City Council that Petition 2001-01-02-01 be approved subject to the
following conditions:
1. That the carnival sball be limited to the dates as specified by Playwold
Amusements, which are May 2, 2001 through May 13, 2001, inclusive;
2. That the proposed carnival operation shall be confined to the area as
illustrated on Poe site plan submitted with ills request
3. That all rides, food concessions, booths and all other equipment and
apparatus relating to the operation of the camnul shall be located az least
60 feet distant from the PlymouPo Road right-of-vay line;
4. Thar all trucks and other transpo Cation -related vehicles and equipment
shall be parked or stored within the southwesterly portion of the
Wonderland Mall parking lot but no closer than 200 feet from the adjacent
residential properties to the south;
5. That there shall be no mounts running on the stored trucks during late
horns, especially between 11:00 p.m. to 7:00 am including motors on my
refrigeration trucks;
6. 1Laz there sha0 be no living quarters within Poe carnival site;
7. 1Laz the horns of operation of the carnival sball be as stated in a letter
dated December 28, 2000, from Jeff Williams, Routing Dveemr of
Playworld Amusements, which have been approved by the Police
Department, and
8. Tliat mobshucted access w my bydrmis within the carnival area shallbe
provided for the Fire Deparhnem.
For the following reasons:
18370
1. That the proposed use complies with all of the special and general waiver
use standards and requirements as set forth in Sections 11.03 and 19.06 of
the Zoning Ordinance #543;
2. That the site has the capacity to accommodate the proposed use;
3. That the use of the subject property for carnival purposes will not interrupt
the annual traffic flow and circulation in the area and will not impede
access to the Wonderland Mall; and
4. That no reporting City department objects to the proposed use.
FURTHER RESOLVED that, notice of the above bearing was given in
accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as
amended.
Mr. McCaw, Chainsum declared the motion is carried and the foregoing resolution adopted
ITEM#7 PETITION 2001-01-02-02 Perry Drug Stores, me(Rite Aid Pharmney)
Mr. Pietcecchi, Secretary, announced the nextitem w the agenda is Petition 2001-01-02-02
by Perry Drug Stores, Inc. d/b/a Rite Aid Pharmacy requesting waiver use
approval to expand the use of an SDM license within an existing building
located on the north side of Seven Mile Road between Farmington Road and
Norwich Road in the S.P. 1/4 of Section 4.
Mr. Taorrwna presented a map showing the property under petition plus the existing zoning
of the surrounding area.
Mr. McCaw: Is there any correspondence?
Mr. Nowak There are four items of correspondence. The first dour is a letter heart the
Inspection Depashnent, dated January 17, 2001, which reads as follows:
"Pursuant to your request of hor uary 12, 2001, the above referencedpention
has been reviewed this Department has an objection to this petition." The
letter is signed by Alex Bishop, Assistant Director of Inspection. The second
letter is from the Deparhn®t of Public Safety, dated January 22, 2001, which
reads as follows: "We have reviewed the proposed sitep/an regarding the
above listedpention andhave no objections to the plan as submitted." The
lett is signed by Wesley McKee, Sergeant, Traffic Bureau The third letter is
from the Livonia Fire & Rescue, dated January 29, 2001, which reads as
follows: 'This office has reviewed the site plan submitted in connection with a
request to add space to an existing budding located on property located at the
above referenced address. We have no objections to thu proposed" The letter
is signed by James H Corcoran, Fine Marshal. The fourth lett is from the
Engineering Division, dated January 31, 2001, which reads as follows:
'Pursuant to your request, the Engineering Division has reviewed the above
referenced petition. The Engineering Division has no objections 0 the
18371
proposal at this time. Thejollowing approximately legal description should be
used in connection with this pennon: 'Thatpartofffie Southeastl4of
Section 4 T. IS., R 9E., City of Livonia Wayne County, Michigan more
particularly described as beginning at a point distant South 89057'70" West,
1,050.00 feet and North 00'0050" West, 195.00 feet Jiom the Southeast
corner ofSection 4 and proceeding thence South 89057'70" Wes; 80.00 feet,;
thence North 0060050" West, 75.00 feet,' thence South 8905770" West,
20.00 feet,; thence North 00600'50" Wes; 25.00 feet,; thence North 8905710"
East, 100.feeg thence South 00000050"Ema, 40.00 feet to the point of
beginning.' We trust that this will provide you with the information
requested" The lett is signed by David Lear, PE., Civil Engineer. Thatis
the extent of the correspondence.
Mr. McCain: Is tie petitioner heretbis evenmg?
Sohn Doyle, 2100 Science Parkway, Okemos, Michigan.
Mr. McCain: Do you represent the petitioner!
Mr. Doyle: Yes I do and I an also the Assistant Secretary of the Corporation.
Mr. McCain: Is there anything additional we need to know?
Mr. Doyle: No. Just that this location, before the expansion, has been licensed since 1980.
I would point out tbat there were two violations at this location.; one was when
Rite Aid bought out Perry wi8rout full permission from the Liquor
Commission. They lransfeaed the stock in 1995 and then due to a mistake on
my Part, basically that we had not gone tbrougb this process to get the waiver
use approval, we did receive a violation Goin MLCC for adding space without
prior permission. I would note that MLCC Enforcement Division bas
recommended approval ofihis expansion as well.
Mr. Alauskas: Regarding the expansion of 3700 sq. ft how many square feet are you going to
have for your beer and wive?
Mr. Doyle: When they expanded the space, they built a new cooler. It is my
understanding that the new coolers are approximately 20 fret long.
Mr. Alayskas: Do you have any percentages of what you are selling now an beer and wive an
that store?
Mr. Doyle: Not an that particular store but in general when it is beer and wine, it averages
anywhere between 7% and 10% of total sales. That is the average of any Rite
Aid location.
Mr. Alayskas: Allright Thankyou
Mr. McCann: Are there arty further questions from the Commissioners? Heanng nore, I will
go to the audience. Is there anybody an the audience who wishes to speak for
18372
or against this petition? Seeing no one, I will close the Public Hearing. A
motion is in order.
On a motion by Mr. Alanskas, seconded by Mr. Shane and unsummously approved it was
#2-37-2001 RESOLVED that, pursuantto a Public Hearing having been held by the City
Planning Commission on February 27, 2001, on Petition 2001-01-02-02 by
Perry Drug Stores, Inc. d/b/a Rite olid Phamhacy requesting waiver use
approval to expand the use of an SDM license within an existing building
located on the north side of Seven Mile Road between Farmington Road and
Norwich Road in the S.F. 1/4 of Section 4, the Planning Commission does
hereby recommend to the City Council that Petition 2001-01-02-02 by Perry
Drug Stores, Inc, d/b/a Rite Aid Pharmacy be approved subject to the waiving
of the 500 foot separation requirement set forth in Section 11.03(r)(1) of the
Zoning Ordinance by the City Council for the following reasons:
1) 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
Ordinance4543;
2) That the subject site has the capacity to accommodate the proposed use;
3) That the proposed use is compatible to and in harmony with the
surrounding uses in the area; and
4) That the granting of this petition will notincrewe the number of SDM
hcensed facilities in this area
FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as
amended.
Mr. McCann:
Is there any discussion?
Mr. LaPine:
I amjust curious on this. They have to go to Council to get the 500 foot
separation. They already have that from the ongmal tame they received then
hquorlicense. Whydowegothroughthatprocedureagain?
Mr. Taomtim:
I am not sire whether or not it is necessary. To have it included in the
language of the approving resolution this evening, at least avoids the need to
have to come back if for some reason it is detemhmed they would have to.
Mr.LaPme:
Thank you Mr. Chanmnn.
Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution is
adopted Itwill go onto City Council with an approNing resolution
18373
ITEM #7 PETITION 2001-02-03-03 Xing Shoo Wang (Panda Restaurant)
Mr. Piereecchi, Secretary, announced the next item on the agenda is Petition 2001-01-02-03
by Petition 2001-01-02-03 by Xing Shoo Wang (Panda Restaurant)
requesting waiver use approva] to renovate the interior of a leasing out in an
existing place to establish a fast food Chinese restaurant on the north side of
Schoolcrafr between Inkster Read and Cardwell Aven ce in the SP. 1/4 of
Section24.
Mr. McCain: Is there any correspondence:
Mr. Nowak Therearefturitansofermespondence. Tbefrstisaletterfromthe
Engineering Division, dated February 2, 2001, which reads as follows:
"Pursuant to your request, the Engeneeeng Division has reviewed the above
referenced petition. The Engweering Division has an objections to the
proposal at this time. Thefollowmg approx4nate legal description shouldbe
used in connection with the above referencedpention: 'That part ofthe
Southeast 1/4 ofSecdon 24, T. IS. R. 9E, City ofLivonia, Wayne County,
Michigan more particularly described as beginning ata point dstaat Norh
90'00'00" West, 360. 00feet and North 00'00'00" West, 300.00 feet Jiom the
Southeast corner ofSection 24 and proceeding hence North 90'00'00"
Ws;79.00 feet,; hence North 00'00'00" West, 99. 50feeg thence South
90'00'00"Eos479.00 feet,; thence South 00000'00"Ear, 99.50 feet to the
point ofbegimnng.' We trust that this will provide you with the information
requested." The lett is signed by David Lear, P.R, Civil Engineer. The
second letter is from the Deparhnent of Public Safety, dated February 5,
2001, which reads as follows: "This office has reviewed the site plan
submitted in connection with a request to renovate the interim of leasing unit
in an existing plaza to establish a fast food Chinese restaurant on property
Incaution the above referencedaddress. We have no objections to this
proposal." The letter is signed by Samos E. Corcoran, Fire Marshal The
third ]elm is from the Inspection Deparhnent, dated February 7,2 001, which
reads as follows: "Pursuant to your request of hinuary 30, 2001, the above
referencedpetwon has been reviewed The following a noted: "Arty
accessibility or barrier issues will be addressed at plan review/permit
application. This Department has nofrvther objectuins to this petition." The
litter is signed by Alex Bishop, Assistant Director of Inspection- The fourth
letter is from the Division of Police, dated February 8, 2001, which reads as
follows: "We have reviewed the proposed site plans and have no objections
to the plans as submitted We would recommend that attention be given to the
rear exterior lighting so that there is more than adequate illumination far the
rear area oj'the building." The letter is signed by Wesley McKee, Sergeant,
Traffic Bureau That is the exert of the correspondence.
Mr. McCain: Is the petitionerhere this evemn�t
Xing Shan Wang 2905 Washmaw, Ypsilanti, Michigan 48197.
Mr. McCann: Is there anything additional about the proposal that you would bke to toll us?
18374
Mr. Wang:
No.
Mr. McCann:
Are there my questions man the Commissioners?
Mrs. Koons:
Do you have any other Chinese restaurants at the area?
Mr. Wang:
Chinese Buffet in Ypsilanti.
Mrs. Koons:
Thankyor.
Mr. Alayskas:
How many days a week will you be open?
Mr. Wang:
Seven days.
Mr. Alanskas:
What will your haus be?
Mr. Wang:
11:00 am to 10:00 p.m.
Mr. LaPine:
What kind of operation is this? Will you serve people at tables?
Mr. Wang:
It is take out and sit down. It will serve about 30 to 40 people.
Mr. LaPtne:
Do you have people who wait on the tables and take orders or do the people
just go up to a buffet type style?
Mr. Wang:
It is not a buffet style.
Mr. LaPine:
So you do actually have waitresses that serve people and people can call in
for pickup orders. Is that correct?
Mr. Wang:
Yes.
Mr. Piercecchi:
Mark, or Al, I drove by there yesterday and I think we can take a bow, all of
us, for improving that site. I didn't go in the back of that bolding but there
seemed to be some intInmemeats made on the bolding site itself. It didn't
torch the AAA building. Have either of you two gentlemen been an the back
where there the walls were half painted?
Mr. Taormina:
I drove back there today and noticed that the entire length of the screen wall,
at least on the commercial side had been painted to match the color of the
briding and the building itself was repainted to match the colo of the front
of the bolding which is a beige. It is all one uniform colo, freshly painted
front, side and rear as well as the screen wall with the exception of the metal
canopy of fascia along the AAA lauding.
Mr. Pienceechi:
Is that going to be worked on in the near bonne? Has anybody gothn any
indication on that?
18375
Mr. Taormina: We have had some inquiries. There is nothing pending at this point in time
Whether or not that was part of the decision of why it hasn't been painted or
whether or not the weather was a factor. I really don't know why that aspect
has not been taken care of.
Mr. Pierverchi:
Thanks.
Mr. LaPme:
But you have to admit that the pavement behind that budding is in terrible
shape.
Mr.Taormina:
That part has not been taken care.
Mr. LaPine:
He did not say when he was going to fix it, just in the near fudue.
Mr. Taormina:
That is correct
Mr. McCann:
I am going to go to the audience. Is there anybody in the audience wishing to
speak for or against this petition? Seeing no one, I will close the Public
Hearing. A motion is in order.
On a motion by
Mr. Shane, seconded by Mrs. Koons and unanimously approved it was
#2-35-2001
RESOLVED that, pursuantto aPubfic Hearing having been hell by the City
Planning Commission on February 27, 2001, on Petition 2001-01-02-03 by
Petition 2001-01-02-03 by Xing Sbou Wang (Panda Restaurant) requesting
waiver use approval to renovate the interior of leasing out an an existing
plaza to establish a fast food Chinese restaurant on the north side of
Schoolcrafr between Inkster Road and Cardwell Avenue in the SE. 1/4 of
Swfion24.
1) That the subject restaurant is hereby approved as a hill ser vice restatuart
wi0r the stipulation that the number of customer seals shall be limited to
no more than 40 seats and
2) Iluthe accessibility and barrier free issues referred to in the
correspondence dated February 7, 2001 from the Inspection Department
sball be resolved to that departments satisfaction.
For the following reasons:
1) That the proposed use is in compfioace 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 4543;
2) That the subject site has the capacity to accommodate the proposed use;
and
3) That the proposed use is compatible to and in harmony with the
surrounding uses in the area
18376
FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as
amended.
Mr. McCann: Is there any discussion?
Mr. Shane: Any time we can find a use fm vacant commercial building to this City, I think
should look seriously to that and for that reason that is the reason why I am
supporting this petition.
Mr. McCann: I agree with you and I flunk this will be a good use.
Mr. Taormina: If may, and this isjust in the irrterest of the petitioner whether or not the
limitation on the 30 customer seats is something that would be acceptable to
them because the indication today was that the seating could be as much as
40.
Mr. McCann: He would have to go to the ZBA to expand it, correct?
Mr. Taormina: He could operate. I believe the petition was filed for a frill service restaurmrt
at this location?
Mr. Nowak It didn'tsay that in exact wording in the application but he did supply a floor
plan that showed 32 seats.
Mr. Taormina: But the way it was advertised would not preclude the Planning Cormnission
from approving this as a frill service if in fact the 40 is what they are looking
to have. Maybe that is a question we should direct to the petitioner.
Mr. McCann: I71 do that at this moment To the petitioner, what is the number of seating
you are going to need within this restaurant?
Mr. Wang: 40 seats.
Mr. McCann: Your application was for 40 seats?
Mr. Wang: 40.
Mr. McCann: Is there any objection to doing this as a full service restamaN?
Mr. Sbane: As long as the building has the capacity and I know the site does, I have no
objection.
Mr. LaPme: I have no objectiom
Mr. McCann: It will be amended as so. Do you recommend that do this as a fill service
restaurant or 40 seats, Mr. Taormina?
18377
Mr. Taormina: Full service %,until be limited by its capacity for seating.
Mr. McCann: That would be fine. It will be approved as a full service restaurant It will go
on to City Carvell with an approving resolution.
Mr. McCain, Chairman, declared the motion is tamed and the foregoing resolution adopted
ITEM#9 PETITION 2001-01-06-01 City Planning Commission
(Photographic Studios)
Mr. Piercecchi, Secretary, announced Poe nextitem on the agenda is Petition 2001-01-06-01
by the City Planning Covmtissior. prismatic, CR 4%1-00 and pursuant to
Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of
Livonia, as amended, to determine whether or not to amend Section 9.03 of the
Zo ang Ordinance to allow the operation of photographic studios as a waiver
use in the OS district
Mr. McCann: Mr. Taormina, this petition is from the Planning Commission pursuant m
resolution from the Council as to amend the photographic studios as a waiver
use. Ib you want m give us a brief description of the amendment?
Mr. Taormina: The language amendment would allow for photographic studios as a waiver
use in the OS district This proposal is an outgrowth of a petition by Jim
Morphew, the owner ofLaMoore Photography Studio, which had petitioned
the Planning Commission to rezone property on the west side ofFamtingum
Road between Lyndon and Five Mile Road to allow for the construction of a
new commercial building that would be occupied, in part, by thein business.
The Planning Commission recommended a denial of that petition and the
petitionets representative routed a letter the Council which requested that the
City consider a language amendment that would allow for this type of we,
which is currently not allowed in the OS district to be a waiver use within that
district and it was after the review of that request that the Council referred the
question of whether or not the ordinance should be amended to allow for
photographic studio as a waiver use in the OS district It is that basis that we
provided some draft language for you to consider which is really some of the
language that was offered by the representative of Mr. Morphew, Mr.
Kokenaukas, who is here to provide some additional information on this item
Mr. McCann: All right I will go to the audience. Is there anyone in the audience who
wisbes to speak for or against this petition?
Frank Kokenaukas, Brasher and Tangom, 33300 Five Mile Road, Livonia. I amhere today
representing Mr. Morphew ofLaMoore Photography. Mr. Tao=a's review
of the historic issues regarding this matter are aceurato. The initial reason was
to change a R- 1 area into a C- 1 area That was denied by the Council and the
Commission. We did indicate in a letter to the City Council that we were
interested in looking at the issue of changing the waiver use. Whether the
waiver use under Section 9.03 me allowable to allow the operation of a
18378
photographic studio. We believe that in fact photographic studios as the type
Mr. Morphew operates are more akin to the OS district uses and that photo
studios can appropriately be considered by this Commission as potential
waiver uses. I would note that the qualifications for operating this type of
business entity as a professional entity is within the purview of a waiver use as
mdicatedunder the current ordinance. Asyouwillnotethepre-existing
waiver uses that are mentioned under the OS district are real estate offices,
insurance offices, credit union offices and dance, music andnstmmeabl
studios. These we believe are similar to the type of photographic studio that
Mr. Morphew operates. We understand that the City does not want a business
dig operates in a commercial mawer in an office setting. We don'twant
unpredictable traffic, displays of merchandise, awkward signage for obvious
reasons. But LaMoore Smdioswouldpresmtnmeofthesepmblems. Allot
the clients contacts with the studio begin by telephone. All services are
bandied by appomtmsm. Ibey have no retail items for sale. ILe buildng
plans that they have provided earlier would match my existing offices that
currently exist, such as MetroVision or across the street where there are office
buildings. In this situation, LaMoore Photography would seek no more
additional signage. The studio does function in a professional mawer. Let nie
just mention that for a mimate. I will be making these statements because Mr.
Morphew is actually on a photo shoot at the Osaka Corporation and apparently
is not going to arrive today. It should be noted, now more than ever, as
photography makes a transition from the film based images to digital images.
The ongoing framing is required through additional college courses, seminars
and workshops. The daily operation of the studio is very similarto other
professional practices such as accountants, lawyers, doctors or dentists. All
the business originates, as I said, by phone calls or by appoidamm The
sessions take place in the studio or in the surrounding land by the studio or at a
clients home or at a nearby park. They also provide such things as wedding
coverages on location, m you might imagine. The LaMoore operation does
not sell film, cameras or o5ner related matters, does not develop film or print
film on site. Mr. Mopinew has told me, as a matter of fact, one of the
strongest indications of the appropriateness of operating this type of business
in the office zoning district is by moving his business, he would be moving
from a store frort to a much less visible area with less signage and exposure.
He is very confident that he could maintain 100% of his business. I would
indicate that, fir this type of photographic business, that the professionalism
and level of knowledge is much higher than it would be fir a department store
photo department Mr. Morphew, himself, has attended many classes,
seminars and workshops. He recently spent six days in Biloxi, Mississippi
attending seminars sponsored by the Professional Photographers of America.
He has been a member of that association since 1981. Ibe topic ofthe
seminars range from writing business and marketing plans to creating
mDstanding digital images. As he has told me on numerous occasions, today a
professional photographer most not only be an artisan but must have advance
knowledge of the scientific aspects of photography. One of his own staff is a
second -generation photographer with twmnly years of experience, another is a
graduate from Grand Valley State with a Bachelors Degree in Fine Ads, with
an emphasis in photography. As the Commission probably knows, there are
18379
many schools offering four year degrees specifically in photography such as
the Center for Creative Studies in Detroit Saying that, if we would look at
those types of actions, the way the business is conducted by Mr. Morphew,
that type of photographic business, those types of efforts would, in my mind.
be far closer, or akin to the type of uses you would see in an office district and
I think A is appropriate that the Commission consider the amendment of that
portion of the OS district ordinance that deals with waiver use and include
photographic studios in that I did make a suggestion to Council and that is if
you are going to allow this that there should be, in fact, some limitations. That
A couldn't necessarily allow any type of photographic studio. We might
suggest for example, that the amendment to the Article would provide that the
photographic studio most be the primary or sole business and not part of a
department store situation or some secondary business. Also, that cameras and
photographic supplies could not be sold, and that the development and printing
of photographs would not be allowed With those types of guidelines, I think
it would be appropriate to allow under the right situation, the waiver use in the
OS district of photographic studios. That is the reason we are here today.
That does not necessarily resolve all the issues that Mr. Mmphew might have.
I understand that but in regard to this particular issue we believe that there are
good grounds to allow an amendment to the waiver use section under 9.03
under the Ordmance. My final comment would simply be that I believe also
that the standards required under Section19.06 which talk about traffic flows
and patron attendance and pedestrian traffic, and those type of things, would
not be violated, curtailed or hindered by allowing this type of usage in an OS
district I think the Commission is aware, for example, that there are office
structures across the street from this particular site and that those issues under
19.06 are not troublesome at this time. So in conclusion, realizing that the
precise issue before the Commission right now is whether we should allow an
amendment of the waiver use section of the office services district We
believe that we have set forth a reasonable case to consider that
Mr. McCann: Thank you Mr. Kokmaukas. Before I go to the other Commissioners, would
you describe your clients photographic studio typical ofmwst photographic
studios out there today?
Mr. Kokenaukas: I think my belief is that Mr. MorpheWs studio and LaMoore photography
might be different, or at least is grouped with a select few photographers that
in fact, don't have typical walk- in track that everything is set up by
appointmerd He has moved, I can't speak for other photographers, but he has
moved to a major digital imaging system and he does no film developing on
site. In that regard, he may set himself apart almnigh, I am sure there are
other fine photographers in the City that may do the same type of work.
Mr. McCann: One of the things that most of the photography studios that I have been to has
sold the frames. They sell artwork or some of their artwork They pert signs
not that they advertise in the yellow pages for walk-ins that they do passport
photography. That they do numerous other types of photography beyond what
your client is doing null =wondering how do we separate between whatI
18380
see as the typical photographic studio that is full service oriented, provides the
photographs as well as the finning, as well as the accessories.
Mr. Kokenaukas: I believe Mr. Maphew, when he was here the lantime, and I willjust
refresh the Commissioners' recollection, his anstemed was that they will flame
then own patron's pictures, but they don'tsell firmes to the general public. I
sm not aware of him ever memo ng that he did passport photos, specifically,
or offer that That basically his type of work is portrait work or major
industrial work, as he indicated to me, he was going to be at the Osaka
Corporation this evening and doing that type of major photographic shoot,
valued at thousands and thousands dollars.
Mr. McCann: I understand but I sm looking for a practical matter as to differentiate
photographic studios from the type of work that he does because if we include
photographic studios, we are generally going to include the ones that do a lot
of these other services.
Mr. Kokennukas: I know, for example, that pbotographic studios in deparhnent steres, you
raise a good point, you actually show up and walk in. I don't believe that he
allows that basically, that typically they dont have walk-ins.
Mr. McCann: I am thinl®g more like an Olin Mills where they have signs an the doors that
say, "Welcome, Come Ira" They sell fiames and things. They put signs ant
They put leaflets out They send door to door with literature.
Mr. Kokenaukas: I sm not necessarily familiar with the Olin Nfills business practices but it
sands like, from what you are telling me, they are aggressively marketing
those type of things and Ijust have not gotten the same holression from Mr.
Morphew.
Mr. McCann: I don't either but I don't know how he differentiates because we are trying to
detemtine what is proper for a Gl district, which is not quite a C-2 district,
for general commercial and I think that is how photographic studios got into
C-1 district and not the 08 district to begin with Yom client presem a
special problem and I am not so sure wbether we should be dealing with the
ordinance or whether it could be dealt with the ZBA in your client's particular
case or whether it is just one of those problem areas tbatjust doesn't quite
mesh.
Mr. Kokena ukas: There certainly is a problemregarding the changing phase of photography
in just the technical aspects of it that raise photographers of his status to a
professional status which requires specialized training and I guess in answer to
your specific question, if you prohibit the sale of cantons and photographic
equrpmed of developing and pining photographs on site, it gets problematic
in the sense of prohibiting passports, that would be difficult I don't flunk
would affect my client but think it would be a difficult ordinance issue.
18381
Mr. McCann: Hutt feel hike we arewriting an ordinance foryo r client not bathe general
public. I would mther by and reclassify your client as to by and reclassify the
ordinance. I am going to go to the other Coumissimers.
Mr. Piercecchi: Sir, what is the problem with you client finding space in a C-1 area. There
is a lot ofvacaut C-1 property. What is so valuable abort that piece? He is
going to tear down a hose and put up a building for this operation. Right?
Mr. Kokmaukas: Yes. He is in a store frontright now, which camot be expanded at this
point He doesnl own it, of course. I think his issue was that he wanted to
develop a building that, first and foremost, met his own specific needs and he
has presented some plans as to his ideas as to the type of studio setting he
would have regarding the actual shooting area versus the actual client meeting
area and that type of thing. I think his plan was notjust to build a studio but to
build an additional budding that would allow space for other professionals,
such as accountants, drat type of thing. The main thing was to build his own
structure thatmet all his particular needs and to stay in Livonia. Hedidwan
to slay in Livonia. I believe he, did in fact, look at other areas.
Mr. Piercecchi: I, for one sir, am convinced thathe coal find that euvn urnent some place
here in Livonia As far as, I think our Chairman was absolutely correct when
he talks about pulling a photographic studio in an OS. If the next guy comes
to and wants to put in developng equipment and sell cameras and goes to
court and says, "I am a photographic studio and the City wank let me do it"
you know dam well he would win.
Mrs. Koons: There is a piece I cant past which is I agree with you that Mr. Morphewis
very skilled and very professional butjust going through the senior picture
Poing with my daughters, we do call to make an appointment We go get the
pictures taken. We go back for another appointment to pick up the Mots then
we wait and go pick up the product It is the product piece, even though he is
not selling cameras or film or fiames, there is stll a product involved that you
go and buy. It me that doeml feel like office services. I do think Mr.
Morphew was an excellent exemplary photographic studio but in my mind it is
sfillbusiness. Thankyou.
Mr. LaPine: My problem is, I dual think we should take an ordinance that is an the books
w3rere certain things are permittad in certain areas and say, 'Now we are gong
W pull this out to accommodate me petitioner." All we are doing there is
opening up the Pandora's box then we have another ordinance where someone
will say," I dual think this belongs there. We should have a special deal for us
because we want to go into this district because it is better for us." Have you
checked with other skarounding conrummes as to wbat districts they have
photographic studios in?
Mr. Kokmaukas: My response is, Mr. LaPine, that Mr. Morphew advised me that he had
checked and that for example, they would allow photographic studios in
Northville. Whether it was to the city of or Northville Township, I am not
quite sure but that was me area that he did check.
18382
Mr. LaPine: The two coamurnities that I did check they were strictly in commercial areas.
If you drive ruam i the City, I am a salesman. I work for a graphic arts fan so
I am involved with a lot of photographic studios and most ofibem are in
commercial or industrial areas because they do a lot of industrial work Maybe
he doesn't They have to have large studios. They have to have a place to
bring in vehicles to shoot or products to shoot. Apparently I asked hnn at the
meeting if he did work for advertising agencies and he said, "No." And
tonightyon are telling me that he is ad tonight at some industrial place taking
shots which tends to lead me to believe that he does outside work with big
studios or big agencies or big companies to sboot other than portraits. I
thought he was strictly a portrait nnn. If he is, and that is all he does, I donl
see why he iml in a commercial area because most of those people sell you
the pictures, then they try to fiame them for you because that is an additional
charge. In my opinioq I dual think we should amend the ordinavcejust to
accommodate one individual and I think we will open up a Pandora's box
again and how do you control at, hike Mr. Piercecchi said. The next guy that
comes in may be doing all the things that your client doeml do but we rant
say you coal do it and he says, 'I am still a photographer." So I dual think
believe there is any reason why we sbould amend the ordinance.
Mr. McCann: Is there anything further, Mr. Kokerwdaw?
Mr. Kokenaukas: I have nothing further.
Mr. McCann: I am going to go to the audience. Is tree anybody in the audience wbo wishes
In speak for or against this petition? See nobody, I will close the Public
Hearing. A motion is in order.
On a motion by Mr. Pien ecchi, seconded by Mr. LaPine and unanimously approved it was
#2-39-2001 RESOLVED that, puramot to a Public Hearing having been by the City
Planning Commission on February 27, 2001, on Petition 2001-01-06-01 by the
City Planning Commission, pursuant to CR #901-00 and puaumd to Section
23.01(a) of Ordinance 4543, the Zoning Ordinance of the City of Livonia, as
amended, to determine whether or not to amend Section 9.03 of the Zoning
Ordinance to allow the operation ofphomgraphic studios as a waiver we in the
OS district, the City Planning Commission does hereby recommend to the City
Council that Petition 2001-01-06-01 be denied for the following reasons:
1) That the proposed Zoning Ordinance language amendment is not needed to
accommodate the subject land use in the City,
2) That the Zoning Ordinance currently contains sufficient language to
adequately provide for the subject use in proper locations: and
3) That the proposed Zoning Ordinance language amendment will promote
non -office uses in a zoning district designed to accommodate professional
and general offices.
18383
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. Mc Cam: Is there any discussion?
Mr. Alanskas: I will be voting to deny. I thinly forgdjust the photographic, I think dfwe
even considered putting a waiver in this OS for this particular field, that
someone down the road will say, "Ibe got a business that is kind of related I
am not a photographer but I do things that are close to this so I want you 0
give me waiver." Then down the road another persons comes along and says,
'I've got this business, etc." It isjustlike Mr. LaPme says, itjust bolds and it
does not belong in OS.
Mr. Sbane: Ijust want to make the note that the Zoning Ordinance already has more than
one zoning district which allows these kinds of uses and permitted uses. lam
not convinced that we need another one to do the same. I think if we did try to
construct an ordinance for this particular use, we would be hard pressed to find
conditions specific enough to not allow the undesirable uses that we have been
talking about I will be voting for this denial resolution
Mr. McCaw, Chairman, declared the motion is carried and the foregoing resolution adopted
It will be recommended to Council that the Ordinance not be amended Ibis
concludes the Public Hearing portion of our agenda. We will now proceed
with the Pending Item section of our agenda These items have been discussed
at length in prior meetings therefore, there will only be limited discussion
tonight Audiencepar mpa mwillrequreuuandmousconse fmmthe
Commission
ITEM#10 PETITION 2000-12-02-27 Sam Baki (Shay Estates Condominiums)
Mr. Piemecchi, Secretary, amouced the nest item on the agenda is Petition 2000-12-02-37
by Sam Bald (Shay Estates Condominiams) requesting waiver use approval to
construct a Planned Residential Development consisting of cluster housing on
property located on the south side of Seven Mile Road between Parklane
Drive and Fairway Drive in the N.E. 1/4 of Section 8.
On a motive by Mr. Sbane, seconded by Mrs. Koons and unanimously approved it was
2-402001 RESOLVED that, pursuant to a Public Hearing having been held by the City
Planning Commission on January 30, 2001, on Petition 2000-12-02-37 by
Sam Bald (Shay Estates Condominiums) requesting waiver use approval to
constnuct a Planned Residential Development consisting ofekuster housing on
property located on the south aide of Seven Mile Road between Parklane
Drive and Fairway Drive in the N.E. 1/4 of Section 8, the City Planning
Commission does hereby recommend that Petition 2000-12-02-37 be
removed from the table.
18384
Mr. McCain: Mr. Taormina, have there been some additions to the plans? Do you want to
have Mr. Bala show them to us?
Mr. Tacamiva:
It is probably appropriate that he describe the changes.
Sam Bald, Unique Home Builders, 36800 Seven Mile Road, Livonia, Michigan. We revised
our plans to acconnnodate the site by specifying what we are going to be
building on site on each location On cluster zoning we can do that This
piecehasan R-3andR-4zoning. WiPoaII including Poe historical house, the
piece south of it, allows up w 5.7 units per parcel. Under the R-4 zoning we
only have five units. On the west side, which is R 3 zoning, we are allowed
to have up no 3.7 traits. We have three units there. So we meet the
regiumm®1 for the cluster. At this time, after the meetings and discussions
with the neighboring property owners, we came to an agreement that we will
have 1800 sq. ft retches built on this site. We are showing three urns A this
time. We have a 2550 sq. ftto 2600 sq. ft. story and a half unit will be built
on this site, which is shown as some of these units. We are not going to
exceed the square footage. This is what is going to be built there. The peak
height not to exceed 28 feet for the story and a half and the ranch is going to
be under 22 ft I don't have a specific because we right have to spice it up
and maloe it a ]tittle nicer for elevation It might be 22 feet or 23 feet We
have all the setbacks and we show all the berms and trees.
Mr. Pierrecchi:
Did you say 2560 sq. ft?
Mr. Bald:
Square footage is going to be around 2550 sq. ft to 2600 sq. ft, roughly.
Mr. Piemecchi:
So you anent going to build a two story, th®?
Mr. Bald:
No.
Mr. Piemecchi:
Then the height is going to be 28 feet
Mr. Bak:
Max, not to exceed.
Mr. Piemecchi:
That serves as an improvemert. Ihat will only be two fed higher than the
highest adjacent property.
Mr. Bak:
Yes.
Mr. Piecerchi:
And you have talked to all of the residents and they buy into this scheme?
Residents:
Yes.
Mr. Bak:
Several of the residents had to leave bd I do have a large support on this new
layout
Mr. McCain:
What about the greenbelt that surrounds it?
18385
Mr. Bald:
We have a greenbelt from the from all the way around We put to grembehs
all the way around the whole property now, as a condo style cluster. With all
of the green, actual grass, sodded completely between the units. It will be a
me shot development
Mr. McCain:
The retention pond, how is that going to work?
Mr. Bald:
We will pert to a reterrom pond to two spats. This shows there is a manhole
emsting here. That is how we laid it out at this comm. We have asmall
detention pond here. We noticed this is me of the low areas at this property
where we will accommodate for it We will assist some of the neighboring
properties if they have a problem with their drainage to drain onto our
property.
Mr. LaPine:
House 41, the back of the house is 22 fret from the property line to the house
m Parklme Drive. Is thatright?
Mr. Bald:
That is the side of it
Mr. LaPdne:
The existing house to remade, 42, you have a new two car attached garage
The plan ]mks like to me if you take firm the comer of the house, m 41 and
you draw a line across, you look like you are rigbt in line with the garage of
the existing house.
Mr. Bald:
But this is a cluster, as long as you have 18 feet distance between them
Mr. LaPme:
You don't have my room between the two homes.
Mr. Bald:
There is more than 22 feet The zoning allows us to have, under R-3 zoating,
allows to 16 feet and the R-4 is 20 feet We supercede on both These are
two side yards abutting each other.
Mr. LaPine:
Thank you, Mr. Chairman.
Mr.Piemecchi:
Whatkmdofmixareyougmagtohavemthere? Aretheygmagtobebuilt
according to demand from the people? Do you have a plm where the story
and a half are gome
Mr. Bald:
Some of the plans that I submitted before, we are using the same story and a
half, which was w6nm as 2450 sq. ft and the same ranch which I showed as
2000 sq. ft, I reduced it down to 1800 sq. ft
Mr. Pierexedn
I understood that. Do you have a definite plan where you are going to put the
story and a half and where ym are going to put the roaches?
Mr. Bald:
Yes. We have three ranches here and we have the three story and a halves
here.
1113 1
Mr. Piemacchi:
Amthe story and ahalf adjacent to where the higher homes are right now!
Mr. Bald:
Yes. This one is next to a two-story home, here we have a much and that is
why we plat all of these ranches on this side. I think this house on lot 41 is a
colonial. That is why we plat a story and a half here.
Mr. Piercecchi:
I want to commend your changes.
Mr. Bald:
Tbankyou.
Mr. Sbane:
The house 44, it seems to me that you need some kind of ahun around
When he tries to back out of his garage, he has a long way to back out
Mr. Bald:
We might do something to here to Goat of his hone. We allow 25 feet for
each house for a from yard. We might do something like that as part of the
final design.
Mr. Shaue:
OX. I would like to comment on Mr. LaPine's problem with 41. If you
couldjust cock that building a little bit so A is closer to being parallel to the
newroad. I think it would a little bit better arrangement KnowwhatIam
saymg?
Mr. Bald:
I understand what you are saying. I do have the room but I did it this way
mskad ofjust having a straight line.
Mr. Sbane:
If you couldjust cock is a little bit further away. Move it east
Mr. Bald:
All right
Mr. LaPme:
What is the distance an house 41 from the side to where the detention ponds
are?
Mr. Bald:
Approxtmately 15 feet
Mr. LaPme:
TLankyou.
Mr. McCann:
This is a pending item. Is there anybody in the audience that wishes to speak
on this petition this evening? Is there any objection Gom the Planning
Commission allowing them to speak?. Hearing none, sir, please come up.
Ted Gohmilka, 36240 Clarity I would litre to say the neighbors did meet withMr. Bald and
we are generally very pleased with everything he has done to accommodate
our concerns about the harmony with the proposed homes with the
surrounding neighborhood On the whole, I don't have anything negative to
say. I am speaking for myself only. I am the homeowner at the far south end
of the development I was looking possibly at two very giant, tall homes right
behind me, earlier, and know am looking a home of something like 28 feet
which is not all that different from my two story colonial. It is not directly
behind me. I am kind of abating A with my neigbbors, so to speak Iam
18387
pleased with the whole site plan. Iguess, the only thing I would have to say,
and it is not that I disapprove of it I amjust not quite sure how the detention
pond is going to work, which is drectiy behind my house. I have Mr. Bald's
assurance that it will drain within 24 haus after the biggest foreseeable
storm I guess A is a depression in the grass and in the middle of it is a sewer
grate. It drains at a controlled rate and I have his word that it is not going to
be a pond for more than 24 hours at a stretch.
Mr. McCann:
You are asking the wrong people. If you are concerned about it, you can go
talk to the Engineering Department because they are the ones that approve it
and they can better explain how it works. They are the ones that will go out
and inspect it to make sure that it is done properly.
Mr. Gohnilka:
O%. He has gone out of his way to make A appealing to most of the
neighbors. I have heard some people they don't like that there is more car less
a road in Poen backyard But for myself, I am very pleased with the revised
site plan and I hope and the City Council will hold him to the limitations that
he has placed there on our behalf.
Mr. McCain:
Itiscondoirminm Itisapprovedtlewayitgoes. The Building hxpectors
worh them move anybody in hard it is dove Poe rightway.
Mr. Gohnhllm:
O.K Thank you
Camille Bride,
18999 Fairway. I would like to briefly to make a statement that I feel
compelled to make regarding the process of the development of the Shay
Estates. My husband and I purchased err house specifically because we were
told that the land behind us was locked and therefore, not subject to
development Years later we found our that this was not true. In the process
of discussion between my neighbors and the developer, Mr. Bald, we had
been given the option to purchase the southern third of the land Much effort
was made in figuring out a plan to purchase it I say this because I want the
Commission to know that our deepest desire was and is to keep the land
undeveloped My neighbors and I thought we had a chance in the option to
buy and worked diligently to make it happen. A u nha amous agreemem was
reached and we made Mr. Bald an offer which was rejected but in its place an
alternative plan was presented The one that you have now before you.
Because our very best effort was made to salvage the land from development,
I personally feel satisfied that we did all we could and when the bulldozers
begin their work I will be sad but I won't be angry. I would like to thank Mr.
Bald for meeting with us as he did, for listrndng to us and for twdce,
modifyms; the plans and for reducing the s¢e of the houses. If this final plan
passes the Commission and the Council, I trust that Mr. Bald will see that
there is strict adherence to its development I personally would like to thank
Mr. Shay for keepdng the land undeveloped and available for our pleasure for
as long as he did and also formeeting wiHu us during this process. But the
most posdtive experience forme is that I had Sue pleasore ofgelting to know
my neighbors, ofworkivg with them and of budding a community with Poem
I stand nowbefrre you to express my apprecud onto theram this effort My
18388
young son, John, had the opportunity to see firsthand the format for appeal.
He was able to see that the voice of the people is necessary and that we, the
citizens, have the &eedcm to speak or mind He was able to see that
compromise is a workable process and that those we elect, can make a
difference. I thank you-
Mr.
ou
Mr. McCann: Thank you That was very nice.
Richard Bunnows, 19065 Fairway. Ijust wanted to say that I also have been able to review
the plan I would hike to thank Mr. Bald for mdulgjng all the neighbors and
"sitingwiffi amdtakmgmtoaccamtallofa complamts. Butultmnately
it seems that we really worked together and came up with something that the
neighbors have been able to embrace. Ijust warn w ask the Commission to
accept Mr. Baki's proposal and say it has been nice working with him as well
as with the Shays. It is really nice that he was able to indulge us and take into
accourR our recommendations. ILank you.
Mr. McCann: It is a pleasure for us on the Planning Cor®ission as well as everybody in the
audience that you worked so well together. Mr. Taomtina you aren't going to
through a wrench in this, are you?
Mr. Taormina: All I would like for Mr. Baku to do, for the record, is indicate which office
units by number you propose to build the ranches. He indicated earlier on the
plan, by pointing to those mats but unfortunately our cameo didn't pick that
np.
Mr. Bali: 5, 6, and 7 wall be couches.
Mr. Ta mo na: And the remainder are?
Mr. Bald: Cape cods, a story and a half.
On a motive by Mr. Share, seconded by Mr. Pienecchi and unanimously approved it was
#2-41-2001 RESOLVED that, pursuant to a Public Hearing having been held by the City
Planning Commission on Petition 2000-12-02-37 by Sam Bali (Shay Estates
Condominium) requesting waiver use approval to construct a Planned
Residential Development consisting of cluster housing on property located on
the south side of Seven Mile Road between Parklane Drive and Fairway
Drive in the NH 1/4 of Section 8, the Planning Commission does hereby
recommend to the City Council that Petition 2000-12-02-37 be approved
subject to the granting of a variance by the Zoning Board of Appeals fir
deficient setback from a major thoroughfare and subject to the following
additional conditions:
1. That the site plan, submitted by Sam Bald, with a revision date of February
20, 2001, is hereby approved and shall be adhered to,
1113 ]
2. That the following requirements; shall be incorporated into the Master Deed
of the subject condominium project:
• That the floor area for the proposed dwellings sball not exceed
1,800 sq. ft for me story units and 2,600 sq. ft for a story and a
half units and that the height of the homes sball not exceed 28;
• That the first floor and chi nney of each cond mura= unit sball be
brick on all four sides and the total amount of brick on each mit
shall not be less dim 70% on two-story and not less than 90% on
me -story dwellings;
3. That the brick used in the croshuction of each cmdominirm unit shall be
full face 4 inch brick, no eueptions;
4. That all landscaping shown on the above referenced site plan shall be
installed to the satisfaction of the Inspection Depaz errq
5. That the petitioner shall meet to the Fre Deparhnent's satisfaction the
following nequ atomeots as aIIlined in a lett fr® the Fire Marshal dated
December 27, 2000:
• That adequate bydrmts shall be provided, me near the enhance to
the street and one nearthe cul-de-sac;
• That the most remote bydrmrt shall flow 1500 GPM with a residual
pressure of 20 PSI;
6. That an enhance marker plan shall be subatitted to the Planning
Commission for approval within 30 days following approval of this
petition by the City Council;
7. That the site plan referenced in this approving resolution shall be submitted
to the Inspection Department at the time the building permits are applied
for;
8. That the garage for Unit 5 shall be located on the north side of the building
in order to allow room for a hum -around which shall be provided to serve
Unit 4; and
9. That Units 5, 6 & 7 as shown on the site plan shall be constructed as
ruches and all other netts may be either ranches or 1-1/2 story homes.
For the following reasons:
1. That the proposed plan is in compliance with all of the special and general
waiver use standards and requirements as set forth in Section 20.02A and
19.06 of the Zoning Ordinance 4543;
18390
2. That the proposed use is compatible to and in harm ay with the surrounding
uses in the area;
3. That the subject site has the capacity to accommodate the proposed use; and
4. Tun the proposal represents a reasonable and well designed land use
solution for a land area with difficult site limitations.
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, Chairman, declared the motion is carred and the foregoing resolution adopted-
On
dopted
On a motion duly made, seconded and unanimously adopted the 8201h Public Hearings and
Regular Meeting held on February 27, 2001, was adjourned at 10:40 p.m
1a auuh $0101.. t.
Dan Piemecchi, Secretary
ATTEST:
James C. McCann, Chairman
/rw