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HomeMy WebLinkAboutPLANNING MINUTES 2003-02-1120070 MINUTES OF THE 8W PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 11, 2003, the City Planning Commission of the City of Livonia held its 859" Pudic Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James C. McCann Dan Piercecchi H. G. Shane Robert Alanskas William La Pine Carol Smiley Members absent: John Walsh Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Scott Miller, Planner III; Bill Popperger, Planner I; and Ms. Margie Roney, Secretary, were also present. Chairman McCann informed the audience that if a petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only pudic hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 200241-0146 33400 SIX MILE Mr. Pieroecchi, Secretary, announced the first item on the agenda, Petition 2002- 11-01-16, submitted by the City Planning Commission requesting to rezone property located at 33400 Six Mile Road located on the north side of Six Mile Road between Farmington Road and Francavilla Drive in the Southeast % of Section 9 from C-1 to OS. 20071 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: There are two items correspondence. The first item is from the Engineering Division, dated January 15, 2003, which reads as follows: `Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The legal description is correct. There is no additional right-of-way required at this time. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. We have received a letter signed by Bryan L. Amann, from the law firm of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated January 21, 2003. Mr. Amann is the attorney representing the owner of the subject property. The letter protests the proposed rezoning. Each Commissioner has received a copy of this letter. That is the extent of the correspondence. Mr. McCann: The City of Livonia is the petitioner, so I am going to open the floor to audience communication. Anybody wishing to speak may come to either podium to be heard. Bryan L. Amann, from the law firm of Brashear, Tangora, Gallagher, Creighton & Amann, LLP, 355 N. Canton Center Road, Canton, Michigan 48187. Thank you for the opportunity to be here. Chuck Tangora said to say hello and give you his best. I know you've had the opportunity to read the correspondence I provided. I will not take you back over that word for word. I just want to emphasize a couple points out of the correspondence. First, on behalf of the owner, we are opposed to the rezoning for reasons stated in the letter. We fundamentally believe by leaving the zoning in tact that, number one, the site plan which you just recently recommended approval of and the Council approved was, in fad, done under the C-1 standards and all those issues were met pursuant to G7 standards. Number two, the ability for the future use of this property for purposes of not only the owner, but also the City, I think are enhanced in terms of the potential tenants. We're not planning on going anywhere right away, but you hate to foreclose options in terms of the future of what available for this property. Fundamentally, it comes down to a belief that knowing the concems you have regarding C-1 zoning and the potential uses everybody focuses on. We could have certain types of commercial uses, and if we change it to OS, we feel a little more protected because we have what we feel are uses which have less impact. They don't affect 20072 neighbors and don't create as many issues to adjacent property owners. I certainly understand that, but I think when you review your own ordinance as it relates to the OS cistnct, which is the setbacks and all those issues regarding OS, are essentially three pages. C-1 uses are eight pages because the City has taken great pain and effort in its ordinance process to prated not only the community but adjacent property owners. It gives great attention to every single potential use under a G7 use. I think by changing the zoning down to OS, you then will lake away the ability to have that extraordinary control. In fad, you can end up with buildings with much smaller setbacks. I think we're looking at a front yard setback of 40', a rear yard of 15', whereas with the G7, your ability to control and impose greater restnctions on the location of the building and operations are much greater. So for the short thumbnail sketch of what I had in my letter, for those reasons, we really would hope that you would deny the OS and approve our recommendation for G7 at this point and time. I'd be glad to answer any questions you may have. Mr. Shane: How long a lease does your dient have on the property? Mr. Amann: Our client owns the property. Mr. Shane: Oh, he owns the property? Mr. Amann: He owns the property. Right. Mr.Shane: Thank you. Mr. LaPine: When you say your client owns the property, the eye clinic owns the properly? Mr. Amann: The name of the company which owns the property is CF Livonia, LLC, and the person who runs and operates the eye clinic is the principal in that business as well. Mr. LaPine: As you know, the City Council sent this back to us to look at and that's what we're doing. Mr. Amann: Right. Mr. LaPine: But I dont see where any harm is being done to you. Number one, you have your eye clinic in here. Really, it's an office -type of operation. Number two, we looked at the plans and everything and approved it. You're spending a lot of money to renovate that building, a lot of money. Therefore, it leaves me to believe that you're going to be there for at least ten years. A 20073 lot of things can happen in ten years. At the end of ten years, if your client moves out or even sooner, and you couldn't rent that building or lease it again as OS, you always have the option to come back and askfor a rezoning backto C-1. Mr. Amann: I'm so glad you raised that. That goes right to the crux of the concern. When they purchased the property and went through the whole site plan approval process, it was with the belief that, yes, we can pay the commercial price for this property and, yes, we can feel flee and really willing to make a strong financial commitment to the building because we know that if for some reason the eye clinic didn't work out, we have commercial property here. We could certainly get our value back out it. So what you raise as a non -issue is really the crux of the issue for my client. They made the assumption in purchasing the properly, and then made those kinds of improvements knowing that with C-1 zoning, if for some reason there was some miracle cure for eye issues and eye problems tomorrow and they were out of business, they would still have a C-1 zoned property where they would be able to get the value of those improvements and the value they paid out of the property. That's what it really comes down to. Mr. La Pine: Because of the renovation they are doing in that building, which we have seen, it's not logical that the type of C-1 we may be talking about here would go in there without renovating the building all over again, because he's got all the laser operations, the operating rooms, and everything. It still gets back to the core issue here. You always can ask for rezoning. I probably won't be here. Maybe none of us will be here len years from now. I would think that because we don't have one of these for laser surgery, except for SL Mary's Hospital, it's going to be a very successful operation and that you're not going to lose your tenant or anything. So I don't really see where the problem is. Thankyou, Mr. Chairman. Mr. Amann: Just one quick response. I appreciate that. As you know, though, as a practical issue, its always easier to get a property down -zoned essentially from commercial. Its much, much harder to go the other way. I certainly respect and acknowledge the fact that, yes, we could always come back at some later date. Mr. McCann: Briefly, Mr. Amann, all of us sat up here when your clients came in and they came in with good faith. They told us what they want to do and this is the type of business. They want to become part of the community. We look them at their word that they are making a long-term commitment to this community. 20074 We allowed them to expand the use with the intention that they're expanding this site for this purpose. Understanding the purpose they were going to use it for, none of us had a problem with it. We wanted it to look nice. We wanted it to do everything it could for their use. I would not have a problem someday down the road looking at rezoning it back if I thought the type of use would be reasonable. But we expanded the site for an office -type use. I didn't have a problem with that. I didn't think it would upset the neighbors. It abuts residential. But if they decide to sell it next week, and come in with a C-1 use that may not be appropriate right up next to residential, I'd have a problem with expanding that type of use. So, I sympathize with your client. I certainly don't want to see him lose on an investment. I think that is a prime Livonia area. We're seeing some growth there. We've got the new condominiums going up there. I think he's probably made a pretty good investment for the long tern. But I am a little concerned when you expand any type of use. When we saw your dient, he was well represented and brought together a great plan, and we respected what he wanted to do. Mr. Amann: Sure. Sure Mr. Pieroecchi: Sir, I won't belabor the point. I didn't go through all the permitted uses here but I looked at some of the things that could go in there as O1. Actually, the way that it is surrounded by homes, etc., OS is much more appropriate in my opinion. But you could have there an electrical store, an appliance store, a bakery, a bike shop, catering, Christmas trees. That property could tum into a Christmas tree lot with G1. I won't go on and on, but there are about 15 pages of things, some do apply to a C-1 and some do not. But medical office is the basic thing here in our permitted uses under OS, and that's exactly what it is intended to be at the present time. So I dont see any reason why it really should stay C-1. Thank you, Mr. Chairman. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petifion? Seeing no one, I'm going to dose the public hearing. Mr. Amann, you do have the opportunity to speak again. Mr. Amann: Out of respect for your agenda, I certainly recognize you have a full agenda and will let you get on with it. Just one response to the final Planning Commission's remark: I recognize the breadth of uses which are available there. My point is, although I acknowledge those uses, the C-1 zoning allows you much greater control in terms of larger setbacks and other issues than you otherwise would not have under the OS use. I understand 20075 your point about the compatibility of use. Certainly, its not improper and it's not considered incompatible to have G7 next to residential, but it would only be done with all the proper site plan controls and setbacks in place. So that's the only point there. With that, I won't take any more of your fime. I know you have a lot of other things on the agenda. Thank you. On a motion by Mr. La Pine, seconded by Mr. Shane, and unanimously approved, it was #02-19-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 11, 2003, on Petition 2002-11-01-16, submitted by the City Planning Commission pursuant to Council Resolution 591-02 and Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, requesting to rezone properly at 33400 Six Mile Road located on the north side of Six Mile Road between Farmington Road and Francavilla Drive in the Southeast % of Section 9 from C-1 to OS, the Planning Commission does hereby recommend to the City Council that Petition 2002-11-01-16 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed zoning classification will more dosely correspond to the approved future use of the subject properly for a medical facility; 3. That the proposed change of zoning will provide for a transition between the commercially zoned parcel at the northwest corner of Six Mile and Farmington Roads and the single family residential zoning to the north and west of the subject properly; and 4. That the proposed change of zoning is consistent with the zoning classification of properties along Six Mile Road directly south of the subject property. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. 20076 ITEM #2 PETITION 2003-01-01-01 HENRY STEIN Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition 2003-01-01-01 submitted by Henry Mark Stein requesting to rezone property at 15552 Newburgh Road located on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest %of Section 17 from R -2A to R-7. 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: There are three items of correspondence. The first letter is from the Engineering Division, dated January 15, 2003, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The legal description is correct. There is no additional right -0f -way required at this time. If the petitioner plans to use the Newburgh Road storm sewer as his outlet, detention will be required, and this project may be subject to the Wayne County Storm Water Management Ordinance if it is developed as a condominium development. If the rezoning petition is granted, we would look for the petitioner to evaluate the location of his drive with respect to the existing Ameritech drive, an existing street light and a large pomerpole. Because of the small number of units, we do not feel that a taper is required similar to that which was installed for the project to the North. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. We also have two letters from residents in the surrounding area. The next item is from Tony Greco, 36008 Middleboro, Livonia, received by the City Planning Commission on February 7, 2003, which reads as follows: "Several months ago 1 voiced my opinion to this Planning Commission against the rezoning of the property in question to OS (Office Services). Today, through this statement, 1 would like to again voice opposition on the proposed R-7 (Multi -Family Residential) rezoning. I believe any resulting Multi -Family Residential structures that could be constructed under an R-7 zoning, such as apartments and other rental properties, would promote frequent tenant turnover. And 1 think tenant turnover would cause additional traffic and noise - and this would ultimately lead to undesired instability in an already congested area. It is for this reason that 1 strongly oppose a rezoning to R-7 for the property in question. Let it be known, however, that 1 am not against Mr. Stein developing his 20077 property. On the contrary, 1 think condominiums would complement the Hunters Grove complex quite well. Perhaps a rezoning to RC would be a more logical solution." The third item is a letter from Nancy Pierson, 15699 Liverpool, Livonia, Michigan, dated Febmary 11, 2003, which reads as follows: "My name is Nancy Pierson and 1 have been a resident of Livonia since 1974. 1 have lived at 15699 Liverpool, Lot 37, since 1997. 1 am opposed to the rezoning of the Newburgh Road property to an R-7 rental property such as apartments or townhouses which would be a great detriment to the citizens of Liverpool Street as this property is adjoining to the backyards of myself and all residents of the west side of Liverpool Street. The approximately Y acre plat of land at issue is surrounded by another approximate four acres of land owned by Hunter Homes, Inc., which is cumently under development by Hunter Grove Condominiums. Historically, the land in question has been of a great, ongoing dispute for the past 30 some years as the adjoining neighbors have always been opposed to any development which was of a non-residential nature and even against housing that was not of a single family dwelling style. 1 have been an active participant at many meetings here at City Hall since 1997 regarding the zoning of this property as 1 am deeply concemed about the integrity, safety and property value of my home and my surrounding neighbors. Condominiums have been the best option available on the Newburgh Road property and the addition of some form of transient, rental property would be appalling as the residents of Liverpool have previously experienced an array of problems (filth, danger, suspicious611egal activities) from the previous two rental homes that occupied Newburgh Road prior to the approval of the condos." That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Henry Mark Stein, 6449 Rutledge Park Drive, West Bloomfield, Michigan 48322. I believe you have a copy of this. Mr. McCann: Yes, we do. Are you going to be showing us something else? Mr. Stein: No, it's the same thing you have. Mr. McCann: Would you like to tell us more about your petition? Mr. Stein: I am presenting this petition for rezoning of property to R-7. I think this will fit in just like I thought in the past that the office was going to ft. I see no problem. You wanted residential. I am giving you residential. 20078 Mr. McCann: Just for the audience, would you explain what your intent would be with the R-7 zoning? Mr. Stein: I am planning on constructing six units. Mr. McCann: Could you move your mike back a little bit? Would you give him a pointer, please? You're covering up the screen from the home audience. Mr. Stein: I'm planning on constructing six units right in the center. Parking in the back and in the front. Two and half parking spaces for each unit, which is required. I plan on having a little parkway here for the tenants to sit if they desire. I think it's quite clear, sir. Mr. McCann: All right. Our staff has reviewed this. Under an R7, you would be allowed six units. Under R-5, you would be allowed five units. Is that correct, Mr. Taormina? Mr. Taormina: Under RL, the maximum number of two-bedroom units would be five (5). Mr. McCann: I'm sorry. Under RL, you'd get five units. Under R-7, you'd be entitled to six units. Mr. Taormina: Correct. Mr. Pieroecchi: What is your feeling, sir, about R -C zoning, which would be five units? Mr. Stein: Well, the object of this world is to get as much as you can. If R-7 fits in, I would see no problem there. Mr. Pieroecchi: R-7 would fl in the building, but R -C would be much more compatible. With R-7, there could be a lot of transients. With RL, they would own R. Mr. Skin: Pardon? Mr. Pieroecchi: R -C is basically ownership. Mr. Stein: R -C is ownership. Well, I think we determined last time here, when the audience came up and they were complaining about Ameritech. They were saying at that time, Ameritech ruined their property. They don't like living in their houses anymore. They just about said that because of the high Ameritech building. If anybody wank to complain about Ameritech, it should be me. Now, how do I ever sell a piece of property, sell 20079 a home, to somebody facing this gigantic wall? Not many people would be interested in that. It's just like Mr. Corbell said in the past when I spoke with him, that's a hard sell for a person to buy that. And we proved it by the audience standing up and saying they hale that building. So who am I going to find to say I love that wall? Mr. Pieroecchi: Actually, sir, economics and that always generally plays a much minor role than compatibility, acceptance by the neighborhood, with this Board anyway. In fact, we ciscussed this in the study session. It was the consensus that R -C would be more compatible, but I just wanted to get your opinion on how you fell about it. Mr. La Pine: The property that Hunters Grove is on, was that your property? Mr. Stein: Pardon? Mr. LaPine: What that your property. Did you sell it to him? You didn't sell that to him? Mr. Stein: No, sir. Mr. LaPine: Did he make any offer to you to buy that? Mr. Stein: He never made any offers. We went through that in the past. Mr. LaPine: Okay. I was just wondering if that was part of it. In your statement that it's the American way to gel all you can get, maybe that's one of our problems. We want all we can get, and we don't have any consideration for our neighbors. We have to get a little breathing room in here and try to be compatible to our neighbors, and the most compatible thing to your neighbors would be the RC zoning. Now, you only lose one unit. You sure can't lose that much money as far as the profit you're going to make on this property if you go that route. I just don't see that, to be honest with you. Mr. Stein: The only thing that you can see, which they wanted in the past, they wanted a park. They didn't want anything here. They wanted a park. And I'm not going to give them no park. Mr. LaPine: I understand that you have a right to sell your property and you have a right for something to be developed there. The property's large enough to have something developed there, but there's got to be some give and take here. rr:r Mr. Stein: Leave it worded this way, I am not a builder. No builders want this property. Nobody wants to build condominiums. That's too much of a gamble against that wall. No builder wants to buy this. For me to put condominiums there, I have to hire a builder, pay him his price to build it, and then try to sell it again. Who do you think I am? How am I going to do all this? Mr. LaPine: Are you going lobuildlhe R-7? Mr. Stein: On the R-7, I will gel a builder. Mr. LaPine: Well, then somebodys got to rent d then. You've got the same situation. You've got to rent them. Mr. Stein: Renting it, a person would be renting it for a year before they can buy their own property. It's just like we said at that time at the Council. They told this doctor who wanted to buy my piece of properly, they said, 'Why dont you go and rent?" He is not interested in renting. He's interested in owning. Mr. LaPine: Okay. Thank you, Mr. Chairman. Mr. Alanskas: On these six buildings, what would the height ofthe building be? Mr. Stein: Mark, did you talk to the person who drew up these plans here? Mr. Alanskas: I realize that it's a rezoning, but I just want to see what the height would be. Mr. Stein: It would be what the City allows. Mr. Alanskas: All right Thank you. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? We did gel a couple letters that were read into the record. I believe there are a number of people here tonight that wish to speak to this. If we could keep all comments within two minutes, we would appreciate it. Sandra Ralston, 15631 Liverpool. Before I give my statement, I just want to mention that Mr. Corbell told me that he offered to buy Mr. Stein's land but Mr. Stein wanted more than Mr. Corbell was willing to pay. It was over market value. I've lived at this address since 1973, and I've been active in opposing anything besides residential zoning for the Newburgh section. My husband and I understood that we could not hold out for a development of single family homes, so we wholeheartedly backed the Hunters Grove Condominium project for the 20081 adjoining property. We are adamantly opposed to apartments or townhouses for lease because of the transient nature of the residents. We feel that rezoning Mr. Stein's plot to R -C for condominiums would preserve the integrity of our neighborhood. We have other concerns. Number one, six units on half an acre seems rather dense. If zoned R -C, only five units would be allowed. The homes that were formerly on the adjacent property in the final years before being purchased by Hunters Homes were rented out to highly undesirable tenants. The properties of Mr. and Mrs. Don Hoppe and Mrs. Eileen Beale have already been adversely affected by the lowering Ameritech SBC building. Having a carport bordering directly across their property line will further devalue the properties. We urge you to consider rezoning to R -C, rather than R-7. Thank you. Donald Hoppe, 15547 Liverpool. My properly abuts the Ameritech building and to Mr. Stein's property. I feel for Mr. Stein because he is in the same boat I was in for the last two years, abutting right up against the Ameritech building. I got up one day and I saw a high rise in my backyard. I can appreciate Mere he's coming from, but its a bad investment. He's got a bad investment. I don't want apartments back there to destroy what we have now. We're in bad enough shape. My taxes were raised even after this Ameritech thing. I got a raise in my taxes. I was not able to come down here and do it, but I figured maybe the City might help me out here. But I cannot have apartment buildings back in that place with a parking structure behind me to min my property valuation more than it is. I am emphatically "no" against apartments. Thankyou. Mark Weber, 15535 Liverpool. I live right next door to Mr. Hoppe, right behind the property that Mr. Stein is proposing to build on. I second everything Mr. Hoppe said. I want to encourage everybody here to think on these lines. Mr. Stein has a bad investment and he's asking us to please help him share in his bad investment. He wants to put something up so he can minimize or get rid of his bad investment. I would encourage him to then help us gel rid of our bad investments. If you put the apartments up, then maybe you want to buy all of our houses and help us get rid of our bad investments. Because those house values are going to drop. The difference is, we're already there. We bought and we do have some say, and we do encourage you to please not rezone that. Let that be for residential only, for purchase only, not for lease, not for rent, not for anything but to purchase for single family dwellings. Thank you. Eileen Beale, 15559 Liverpool. His lot is directly adjacent to my backyard. I think the fact that we're standing here tonight even discussing this 20082 issue is deplorable. What has gone on in our neighborhood this past year is unbelievable. I was in my kitchen. I look to my left, there's a brick wall. I look to my right, there's a brick wall. I mean we would be totally walled in. He bought the land as a single family home property. Why does it have to change? There is a vast difference between need and greed, and that's what this boils down to. It is pure and simple. He doesn't care what's going to happen to our homes where we've raised our children, where we've lived for years. He doesn't care. All he wants is the best bang for his buck. And I just feel that, as a Planning Commission, you're the keeper of the gate here. We've had a couple of really bad issues go on. Don't make it a third one. Please. I beg of you. We have to live there. Thank you. Mr. McCann: Seeing no one else, I'm going to close the public hearing. Sir, do you have any last comments? Mr. Stein you get the last word ifyou'd like before we vote. Mr. Stein: I spoke with Mark in the past. I said, "Mark, if I build condominiums, can I rent them out?" Thats my question to you, panel. If I build condominiums, can I rent them out? Mr. McCann: Sir, tonight before us is just a question of zoning. Its whether or not R7 is appropriate zoning in this particular spot. It seems most of the neighbors would say, if you match the zoning to the north, they could agreed to that. But it is not about rentals and about what you're going to do with the property tonight. At that point, you'd have to come back before us with a site plan if it was rezoned to IAC or R-7. Tonight, the issue is whether or not it's property zoned. Mr. Stein: So are you saying at a future time I should bring a site plan? Mr. McCann: Depending on what the City Council determines the zoning is to be on this property. Mr. Stein: Oh, I see. All right. Mr. McCann: Anything else, sir? Mr. Stein: The ody thing I can say is they are just repeating the same thing again. They're complaining about the Ameritech building. Mr. McCann: l understand. Mr. Stein: That's what theyre complaining about. I'm not Ameritech. Theyre saying they don't like it. Well, they really didn't like 20083 Corbell's either in the past, and you passed it. They really didn't care for that either. In fad, they didn't care for the offices in the past. In fad, I still have a buyer who called me a few days ago, a doctor. He wants to purchase this piece of land here for an office. And that would have fit in. That would have taken care of their problem of looking at that great big wall; it would have ft in. But you voted against that also. I'm requesting, as the petition reads, to rezone this to R7 because that will fit in. As far as they're saying a wall and my building, that's not a wall. Those buildings are going to be in the center of the property. Its nowhere near them. It's nowhere near their houses. Mr. McCann: All right. Thank you. A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. Shane, it was RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 11, 2003, on Petition 2003-01-01-01 submitted by Henry Mark Stein requesting to rezone property at 15552 Newburgh Road located on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest''/.of Section 17 from R2A to R-7, the Planning Commission does hereby recommend to the City Council that Petition 2003-01-01-01 be denied for the following reasons: 1. That the proposed zoning district will not provide for development of the subject property in a manner consistent with its size and location; 2. That the proposed change of zoning would allow for greater density than would be appropriate for the area; and 3. That the proposed change of zoning would allow for an intensity of use that would be detrimental to the adjacent residential uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? I have a problem with R. I think that instead of maintaining it as a vacant lot, it could be used as a single family residential between the condominium, the Ameritech building and abutting Newburgh Road. As it directly faces onto Newburgh Road, I think a more reasonable and long term use for that land would be RC to match the property to the north. Therefore, I'm going to vole against the resolution. P'llierr, Mr. Pieroecchi: Are you going to vote to deny the R-7? Mr. McCann: No, I think that you can approve with RL. It would be the better motion. Mr. Pieroecchi: Well, we're voting Mr. Chairman to ... Mr. McCann: Deny R-7. I understand that. I think @'s better to send it to Council with a recommendation for R-Czoning. Mr. Alanskas: Do you want to make a substitute motion? Mr. McCann: Well, no. We can vote on this one. I'm just saying that I don't want to vote to deny the petition. Mr. Alanskas: I definitely want to go with RC, but we've got to deny this R-7 first. Mr. McCann: Mr. Taormina, cant we make an approving resolution to send it to Council as an R -C? Mr. Taormina: You could provide for a substitute resolution to include the R -C. Mr. Alanskas: Someone else has got to do that. Mr. La Pine: Through the Chair to Mark, cant we go ahead with the denying resolution and then add another point that it is our recommendation that this be rezoned to an R -C classification? Mr. Taormina: There's nothing that prevents you from adopting two resolutions this evening. I think in the past we've provided an approving resolution with the other zone classification that you recommend. But if you want to include in the same resolution reasons why the R-7 should be denied, we can embody that and do a single resolution, or, have two separate resolutions. Mr. McCann: How about ifwe amend thallo an approving resolution to R -C? Mr. Alanskas: I will withdraw my motion for denial of the R7. We can just go with the R -C for approval then. Mr. McCann: Is that okay with you, Mr. Shane? Mr.Shane: Sure. Mr. McCann: All right. So you want to make an amended resolution now to approve rezoning to R -C? 20085 Mr. Alanskas: Then we'll just go to the top again. I'll make an approving resolution to go with R -C zoning. On a motion by Mr. Alanskas, seconded by Ms. Smiley, and unanimously approved, it was #02-20-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 11, 2003, on Petition 2003-01-01-01 submitted by Henry Mark Stein requesting to rezone properly at 15552 Newburgh Road located on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest''/.of Section 17 from R2A to R-7, the Planning Commission does hereby recommend to the City Council that Petition 2003-01-01-01, as amended, be approved so as to rezone this property to RC, for the following reasons: 1. That the proposed change of zoning, as amended to RC, is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning, as amended to RC, would be consistent and commensurate with the multiple family residential district that adjoins the subject property to the north; 3. That the proposed change of zoning, as amended to R -C, will alloy for the development of the subject properly in a residential mode; and 4. That the proposed change of zoning, as amended to R -C, will provide for more of a variety of housing types in this area; FURTHER, the Planning Commission does hereby recommend to the City Council that the rezoning of this property to R7 be denied for the following reasons: 1. That the proposed R7 zoning district will not provide for development of the subject property in a manner consistent with its size and location; 2. That the proposed change of zoning to R-7 would allow for greater density than would be appropriate for the area; and 3. That the proposed change of zoning to R-7 would allow for an intensity of use that would be detrimental to the adjacent residential uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Shane: The reason I supported the original denying resolution is because I'm not convinced that either one of these zoning classifications is the right thing to do. But other than deny the R-7 and let it go on from there, I'm going to vote for the R -C. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution for R -C zoning and denying the R-7 zoning. ITEM #3 PETITION 2003-01-01-02 BOULDER PINES WEST Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003-01-01-02, submitted by Leo Soave requesting to rezone property located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the Northwest''/.of Section 10 from RUFC to R-3. 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: There is one item of correspondence from the Engineering Division, dated January 15, 2003, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The legal description for the 82.5 foot wide parcel has an incorrect area. We believe the area should be 0.584 acres. Additional right-of-way required for the development is shown. This project will be subject to the Wayne County Storm Water Management Ordinance. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent of the correspondence. 20087 Mr. McCann: Dan, do you have a question? Mr. Pieroecchi: Yes. Mr. Nowak, we have Items 3 and 4 that are both Soave properties. Are these western three lots going to be developed into cluster housing or will it be a standard R-3 development? Mr. Nowak: The proposal is to develop it as a ste condominium, which has to conform in all respects to the R-3 district regulations. Mr. Piercecchi: In other words, it will not be cluster housing? Mr. Nowak: That is correct. Mr. Pieroecchi: Okay. And the same thing, I notice here, my calculations .... Mr. McCann: Dan, can we get the petitioner up first, please, before we go to questions? Mr. Pieroecchi: I want to just make sure it's nothing. Under the duster package, he could get seven units in here. Under the regular development of R-3, he can get eight. Is that correct? Mr. Nowak: Nowyou're talking aboutthe easterly... Mr. Pieroecchi: On the east. Mr. Nowak: The density regulations pertaining to duster housing on the easterly parcel would allow seven dwelling units. Due to the fact that he's using the existing right-of-way of Seven Mile Road for access for two of the parcels, that would allow him to have eight lots that would conform to R-3 standards. Mr. McCann: Thank you. Is the petitioner here this evening or his representative? William Donnan, Arpee/Donnan, Inc., 36937 Schodcrafi, Livonia, Michigan 48150. Mr. Soave has asked me to represent him here tonight. This proposal, as per this conceptual plan, the latest one which I prepared, shows the standard site condominium with single family dwellings. Mr. McCann: You know, we keep talking about this site. Why dont we put it up on the board? Mr. Pieroecchi: This is just a rezoning. Mr. McCann: It is rezoning but we keep referring to the site plan to show how the rezonng would fit. I think it's fair to let everybody in on what we're talking about. For the audiences sake, when we put a plan up, it's just to show haw the zoning could fl. It is not that this site plan is being approved tonight. Its a change of zoning this evening, but the petitioner is showing that if the zoning is changed, haw it would fit in the area. Mr. Nowak explained earlier that this is actually Item 3 and Item 4 that the petifioner is discussing at the moment, and that it would typically be an R-3 subdivision. Under the new standards, we call it site condominium. It meets all the residential R3 situations except for one variation, that they would have to go to the Zoning Board of Appeals. Sir, goon, please. Mr. Donnan: This conceptual plan shows how the three lots will fit in there. This shows haw the three lots will fit in this area with a cul-de- sac contained in the general common element, so it would be a standard site condominium. The access will be through the proposed Boulder Pines duster development as right now we're proposing to bring the utilities in, the storm water, drainage system. We think right now it will conned through this way. We don't have any final plans, so we dont know, but we do realize that we do have to provide for on-site delenfion on this. If there are any other questions, I'd be happy to answer them. Mr. McCann: Are there any questions from the Commissioners? As along as you're up there and you have the board, why dont you go to Item #4 as well, the west side of the parcel. Mr. Donnan: On the west side, we have six lots with 50' wide right -of --way which would be in a general common element with the cul-de- sac. Again, access will be through Boulder Pines. The sanitary sewer and water main will come in through there. As far as the on-site delenfion, again, we know it has to be in here. We'll have to find a place like maybe out in here to put it, see if we can run it back to Seven Mile Road. If not, we'll have to come back through here. But again, this is a conceptual plan to show how these Ids mightfit in there. Mr. McCann: Are there any questions on that section from the Commissioners? What size homes would be going in this particular area? Mr. Donnan: They would be similar to what's proposed for Boulder Pines. I don't know the square footage. These are fairly large homes. These are all proposed to have three -car, side entry garages. I dont know about this side entry garage; it may have to be front entry. Its going to be a similar type of home. rr:• Mr. McCann: I don't have any questions on this time. Are there any questions from the Commissioners? I'm going to go to the audience. Is there anybody in the audience that wishes to speak for or against this petition? Bob Stockton, 17730 Fairfield. I've lived there since 1975. The question I see here is one of the future of this land, which immediately abuts the Nature Preserve, and the credibility of this developer. Originally, the neighbors and myself became concerned when this gentleman proposed a sewer through the Nature Preserve on private property that he didn't even own. It continued with a high density plan when it was originally proposed. And I'm talking aboullhe Hidden Pines/Hidden Boulders ... Mr. McCann: That actually is a different developer. His son owns a development company and that was his son. Mr. Stockton: Okay. We negotiated a lower density that he didn't think was acceptable, and then negotiated further lower density only under the threat of a mayoral veto. He's been less than forthright about owning the adjacent land during that process. Now he wants to develop the land on either side, again with loo high density according to our requirements and not enough setback, if you'll check that on the site plan also. Al the very least, we would like to see the density maintained per our requirements, and also look to the future. There is property north of what he's proposing here that is going undeveloped, which I'm willing to bet will be developed in the future dears. So what you set here is a precedent, as you did with Hidden Boulders or whatever the center is. It will undoubtedly come back to be a precedent as this continues to roll on. Those of us who are neighbors here feel this density is loo high to begin with, and I'd like you to take that into consideration. It immediately abuts the Nature Preserve. Thankyou. Richard Lahay, 19000 Mayfield. Sony for my voice. Mr. McCann: Its okay. We can hear you. Mr. Lahay: Mr. Soave previously showed the R3 br wonderful homes. It was supposed to have been moved, trees moved a little bit. If you look at where the R3 is now, trees weren't moved a little bit. They were chopped. It looks so bad that you really can't believe it. He's building a pretty good sized house on an 80' by 120' lot. It has got to be three stories to be good sized. Mr. McCann: I believe there is a two-story limit on that. 20090 Mr. Lahay: Most of the houses on Mayfield have one-half or more acres. 80' x 120' is approximately a third of an acre. In any event, this just doesn't fit the area. And I hope you'll do the same thing you did the last time and turn it down. Unfortunately, the Council did approve it. Tim Clark, 17350 Fairfield. First of all, the posting for the zoning change - the sign was parallel to Seven Mile. And you drive by that at 45 miles per hour. Its very difficult to pick out. And I think that's why there is not a more overwhelming presence of the citizens because I'm sure they would be up in arms. The R3 that is being used as precedent setting was a major shock to the citizens, I believe. One council member even said that it was a mistake, and if they had known what was going on, they probably would have voted differently. I don't believe that R3 zoning is appropriate against a Nature Preserve. There are great homed owls in that area. There are all kinds of song birds. There are some fields, standing water that's there. Even right now, if you go back there, there will be standing water. Its a very unique, feature full area. And RIF, I think, is appropriate zoning for that. I think because of the way the sign was posted, that very few people were aware of what's going on with this. There needs to be a lot more public input because this Nature Preserve is what we will have left for generations of people and to have it being impinged upon by all these developments, I think is a very poor thing to set for the future. And we really need to take care of the proper business. Thank you. Larry Sekulich, 18816 Mayfield. Basically, I would appreciate it if you would vote against this motion. In the past, I've heard about a Master Plan for the City of Livonia. Apparently the zoning has been created for this Master Plan to create a City of Livonia that is very appealing to people like myself. If we look at what's going on, the look of the City is changing. Again, if you look len years in the future, what do you want the City of Livonia to look like? Are you going to be attracting people to come to Livonia and live here? My feeling is, if something is urban or rural, leave it, if that's the way it is on the Master Plan. If something is zoned R - 2A for single resident homes, leave it. That's the way its supposed to ft in with the Master Plan. I know it sounds like I'm maybe a little bit hard nosed about this. I'm not against development. What I am against, though, is greed and putting things in inappropriate places. Thank you. Lawrence Butler, 18858 Mayfield. Shortly after the R3 was granted to Mchael Soave, the parcel was cleared of trees and other debris and other things. But something interesting happened that was a 20091 concern of mine. Shortly after that, 30 trees had tags, down the easement along Brookfield, as well as on Mayfield, on the island between the street and sidewalk. They were placed with red tags. Those 30 trees, I suspect, are going to come down. It was mentioned during the engineering review that the sanitary sewer was planned for and taken care of. Nov is it, in fad, true that the sanitary sewer will come down the Brookfield easement and hook into the Mayfield sewer? If that is true, I'd like to see a study by the Engineering Department that says that sewer is adequate for the additional homes that will be added to that section. They also talked about runoff water. The concern back when the R-3 was approved for Michael Soave was runoff water into the Nature Preserve. It was believed at that time that with the parcel and the cluster homes, the whole area would be in suspect of having too much runoff water. So there isn't much room for any runoff water or catch basins to be actually developed in that area. It seems as if the RUFC on the properties was a step-by-step plan by these two developers to develop the parcel and use other resources to bring in the infrastructure necessary to support the land. As you look at this, these two parcels are completely landlocked. Without the use of the R-3 of adjacent property, there is no access. I wonder if there are even adequate ulilities that could come to those parcels, whether its gas and water and certainly the sewers. I'd like to know what that study looks likes and whether its been thoroughly evaluated for the ramifications for the parcels that are adjacent to that. Mr. McCann: Thank you. As you know, I'm one of your neighbors. I do live on Mayfield. I did look at the drainage system. It comes in there at Clanta right at the corner. I don't think those trees being marked had anything to do with any sewer system that would be involved with this project. Personally, I didn't know what those were. I assumed it might have to do with the Ash tree removal. Mr. Butler: No, they are Linden trees. Mr. McCann: Are they? Yeah. I wasn't sure why they were marked. Mr. Baler: Those 30 trees down the Brookfield side, and if you look at what was proposed by the R3, it ends up those trees will be removed. Although its utility usage, who replaces those trees? Also, I believe that when our developer came in, he had a plan that the sewer would go to Six Mile. He had to develop the sewer size. The last two houses on that parcel are my house and the neighbors house. I think those sanitary sewers are sized for only those two houses. So what I suspect and believe 20092 is that it will be necessary to dig up that portion of the sewer and extend it and make it larger, so it can handle I've heard as many as 25 houses, whether its the duster houses and these additional condominiums. It seems like that is an awful lot of development in an area where there is no plan for sanitary sewer, other than tapping into a sewer that's not designed to be adequate for that addition. Mr. McCann: Unfortunately, we don't have an engineer here from the City tonight to answer the questions. That would have to come back in site plan review. Mr. Butler: If it's changed at this point, then it's almost like there's a license to go ahead with the provision. Mr. McCann: Not necessarily. I dont know where the sewer is going to go. My understanding was that it wasn't ever going to go on the Brookfield side though. It was going to be back through the undedicated street. Mr. Butler: Well, Brookfield is vacated there. Mr. McCann: Right. Mr. Baler: But what about these 30 trees? When my wife did call to fnd out why the trees were tagged, she didn't gel a straight answer at first. Then finally after she referred to the council member that she had talked to, she was told it was for a survey. Now I know the sanitary sewer is down the center of our street because we were one of the first homeowners on the street. Other than that, I can't understand why those trees would be tagged. It seems as if any time a developer comes in, it's always been the responsibility of the developer to develop the inner structure and not have it as a burden of the City or homeowners. Mr. McCann: That's already done. The sewer, whatever is going in with the sewer, has already been approved, as you'll recall. The prior pefition from Michael Soave for Boulder Pines is already in. Whatever was done with regard to the sewer, we have no control over it. Mr. Baler: I understand that. This addition will even overload that portion more so. Mr. McCann: That's an engineering queston that I cant answer. Thank you. Mr. Baler: Thankyou. 20093 Mark Brichford, 32285 Seven Mile. I also own the property right next door at 32295. We are directly east of the proposal. We live where we live because we enjoy the large lots and the privacy. If this were to pass, we would lose that. I don't want to see anything developed in there, but if something has to go in there, it's zoned RUF so if we can build half acres lots, there's plenty of land there to do that. I don't see why we need to make it 80' x 120'lots. Thank you. Jan Afonso, 9918 Hubbard. Bear with me, Mr. Taormina. You'll hear a speech much like the one you heard last night. Early city planners in writing their Master Plan counted a lot on a balance of open spaces and developed spaces to create the beautiful character of our City. Their Master Plan, as you know, won the distinction for Livonia of best planned city in Michigan. All over town, however, rural urban farm properties are being rezoned to allow for higher density housing projects and often condos. As you know, your agendas contain requests of this type nearly every month. The rural urban farm zoned properties in our City give our city that country -in -the -city character that people so often praise and that has brought a lot of people to our city. Now, this month, FOSL, Friends of Open Spaces in Livonia, is celebrating one year of existence. We now have a mailing list of over 400 people. More than any other issue, this is the issue that those of us on the Board of our organization here are concerned with - the loss of the rural urban farm properties and that the open spaces are going to be lost a small piece at a time. By definition, rural urban farm areas are sparsely populated. So when a project is proposed, there are few neighbors around to protest it. I know you have the best interests of our City at heart, and I know you are thinking about the future of this city. I would like to ask of you that you remember that you're here representing the people because the people can't always come and because the people aren't always even aware that this is going on until they see the trees come down and the bulldozers pull up. Then they get upset. But then, of course, its loo late. So I would like to ask, as you hear this plan and you consider this rezoning, that you dilize every tool that you have available to you to try and realize the best possible results in terms of open space and that area. Its really tough to hold out for rural urban farts when there is an R-3 right smack dab in the middle now. I remember going to those hearings and hearing the folks that lived near this property say, the gentleman awns the properties on both sides as well. I heard comments to this effect, and it seemed like the people that live there could tell that this was larger than just the thing in the middle, that it was going to go further. As our Planning 20094 Commission, it seems like you should have been made aware back then that this was coming too. Maybe in the interest of good planning, it would have been nice to visualize the entire project. Perhaps it wasn't possible. But now since it's coming after the fact, with the two sides flanking the middle, I do hope and would ask that you do everything you can to preserve the open space that is so close to our Nature Preserve. Thank you very much. Mr. McCann: Thank you. Seeing no one else, I'm going to close the public hearing. Sir, do you have any last comments? Mr. Donnan: I'd like to respond to a couple of comments that were made as far as the trees being tagged on Brookfield. My company tagged those trees and located them at the request of the City Engineering Department. As far as the adequacy of the sanitary sewer, the sanitary sewer has been designed, submitted for approval and I believe it's going to be permitted very shortly. It will con up Brookfield to Seven Mile Road and then along Seven Mile Road. As far as the existing homes on the lots to the north, they are going to remain. Mr. Soave will not be buying this house. He does own this lot, so he will retain that. The houses will remain. If there any other questions I can answer, I'd be happy to answer them. Thank you. Mr. McCann: A motion is in order. Mr. Alanskas: Being that we have the site in the middle, which is R3, and they are proposing one on each side, I will make an approving motion. On a motion by Mr. Alanskas, seconded by Mr. Shane, and unanimously approved, it was #02-21-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 11, 2003, on Petition 2003-01-01-02, submitted by Leo Soave requesting to rezone properly located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the Northwest % of Section 10 from RUFC to R-3, the Planning Commission does hereby recommend to the City Council that Petition 2003-01-01-02 be approved forthe following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 20095 2. That the proposed change of zoning is consistent with the developing character of the area; 3. That the proposed change of zoning is consistent with the Future Land Use Plan designation of Low Density Residential land uses in this general area; 4. That the proposed change of zoning represents an extension of an existing zoning distad occurring on adjacent property to the east; and 5. That a previous zoning change that has occurred in the area to the east has set a precedent for rezoning to the R-3 classification. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Pieroecchi: Mr. Chairman, would this be for Items 3 and 4? Mr. Alanskas: Well, one is three homes, one is eight. Mr. Pieroecchi: I know, but can there be one motion? Mr. Alanskas: Can we do them both the same or should we do them separately? I think we should do them separately. Mr. McCann: We will vole on them separately. Mr. Piercecchi: Well vote on them separately? Mr. McCann: Yes. Any other discussion? I have a couple comments. This one is kind of lough and kind of personal because I live in the area. I spend a lot of time in the Nature Preserve. As Ms. Afonso staled, the Planning Commission did vote against the R-3 zoning originally for Boulder Pines. Then I became very active against the cluster development there. It turned out, with the Mayor's assistance and the Council working with the developer, that the impact was reduced greatly, but it still had a 'T' in there. It was known at the time that Mr. Soave owned property to the west and was negotiating for a piece on the east. I dont know it was the intent, but it was the idea that it would someday be zoned to a different classification. My position has always been that we can't isolate this R-3 piece. It doesn't make sense. By putting the cul-de-sacs on the end of this, you 20096 complete the sub and you end it right there. It will slop future encroachment into the Nature Preserve or into the RUF to the east. I wasn't pleased with the original zoning of this property but I think the end result will be a nice subdivision. It will be a complete subdivision, and end any further encroachment. Therefore, I am going to vote for the approving resolution. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Do you have some correspondence on this item, Mr. Taormina? Mr. Taormina: There is one item of correspondence from the Engineering ITEM #4 PETITION 2003-01-01-03 BOULDER PINES EAST Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition 2003-01-01-03, submitted by Leo Soave requesting to rezone properly located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the Northwest''/.of Section 10 from RUFC to R-3. Mr. McCann: Do you have some correspondence on this item, Mr. Taormina? Mr. Taormina: There is one item of correspondence from the Engineering Division, dated January 17, 2003, which reads as follows: `Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The legal descriptions for the project are correct. Our records indicate that the 60 feet of right-of-way for Seven Mile Road needs to be dedicated for both parcels. The interior right -0f -way for the project is shown. This project will be subject to the Wayne County Storm Water Management Ordinance. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent of the correspondence. Mr. McCann: Does the pelifioner have any additional information? No? Is there anybody in the audience that wishes to speak for or against this petifion? Seeing no one, I will dose the public hearing. A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. Shane, and unanimously approved, it was #02-22-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 11, 2003, on Petition 2003-01-01-03, submitted by Leo Soave requesfing to 20097 rezone properly located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the North %of Section 10 from RUFC to R3, the Planning Commission does hereby recommend to the City Council that Petition 2003- 01-01-03 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning is consistent with the developing character of the area; 3. That the proposed change of zoning is consistent with the Future Land Use Plan designation of Low Density Residential land uses in this general area; 4. That the proposed change of zoning represents an extension of an existing zoning district occurring on adjacent property to the west; and 5. That a previous zoning change that has occurred in the area to the west has set a precedent for rezoning to the R- 3 classification. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. YILTi .F.JM»YYI[QkjIf'IrLYA5PZIYbiI 11I1YA=]=1 =1dz4971C1=1&1:191:J9= Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002-12-02-27, submitted by Nasret Kallabat, on behalf of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize an S.D.D. license in connection with an existing beer and wine shop located on the northeast comer of Joy and Hix Roads in the Southeast%of Section 31. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. rr•: Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated January 15, 2003, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. Our records indicate that the petitioner also owns the south half of the adjacent vacated alley, which should be added to the legal description. There is no additional right-of-way required at this time. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 7, 2003, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate an S.D.D. license on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated January 13, 2003, which reads as follows: "We have reviewed the plans regarding a proposal to operate an S.D.D. License located on the northeast comer of Joy Road and Hix Road. Currently, this business has 17 parking spaces with no handicap parking provided. There is a space on the southwest comer of the building that used to have blue pavement markings (this has wom away), and there is no sign marking it as handicap parking. We recommend that the handicap parking space be property marked. We have no further recommendations regarding this proposal." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 13, 2003, and revised January 20, 2003, which reads as follows: "Pursuant to your request of December 30, 2002, the above - referenced Petition has been reviewed. The following is noted. (1) At a site inspection on January 3, 2003, this site had trash and debris outside behind the building and on the east side. (2) This site had an unclosed dumpster situated in the parking lot. (3) The parking lot needs repair, resealing and double striping. A property marked, signed and sized accessible parking space should be added. (4) The employee on duty was advised that this store has excessive window signage, which will be addressed by this Department This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? 20099 David W. Yaldo, David W. Yaldo & Associates, P.C., 4036 Telegraph Road, Suite 204, Bloomfield Hills, Michigan 48302. 1 am the attorney for the petitioner. Just by way of background, this store has been at the present location for at least 20 years. It has been a fixture in the community. One of the reasons that we're asking to have an S.D.D. license is to be in a more competitive and viable economic position. The nearest licensed S.D.D. establishment is in Westland. For a lot of residents living in Livonia, it is very inconvenient to get to, especially time that want to walk to a particular store, and particularly this one. The request that we have tonight fits perfectly with the type of business that we have, and that is a beer and wine license. The S.D.D. license would only augment our business. It wouldn't change the nature of the business at all. We recognize the deficiencies with the parking area. That's something that we will be taking care of in the spring, together with the dumpster. We will be enclosing that dumpster and complying with all of the requirements that we have before you. Other than that, I realty have nothing else to add. I do have one letter from a resident, if I can present that to you for your review. I think you will find that many residents will support this. It is convenient for the Livonia residents to have an S.D.D. license at this establishment. I have nothing further. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: Sir, does your client own the property? Mr. Yaldo: I'm not sure. Yes, they do. Mr. Alanskas: And he's been there for 20 years? Mr. McCann: Do you want to introduce the owner and maybe he can answer these questions? Sam Kallabat, Livonia Beer and Wine Shoppe, 38340 Joy Road, Livonia, Michigan 48150. 1 am the manager and the owner of the store. Mr. Alanskas: Sir, you say you've been there for 20 years? Mr. Kallabat: Yes, sir. Mr. Alanskas: I'm looking at the pictures of your facility. For the last 20 years, what have you done to improve the building? Mr. Kallabat: We have remodeled a few times. Mr. Alanskas: You've done what? 20100 Mr. Kallabat: We've remodeled a few limes. Mr. Alanskas: You're talking about inside the building? Mr. Kallabat: Inside the building. Mr. Alanskas: What have you done to the outside of the building? Mr. Kallabat: To the outside, we have done major things to the parking lot. First of all, there was water that stayed in the parking lot. We have redone the whole thing. Mr. Alanskas: Now, your attorney says that people in Livonia would not want to walk to the other site. But that's only 250 feet away in Westland, isn't it? Mr. Kallabat: Yes. Mr. Alanskas: That's what our notes say. So its not that far away for people to go to. What have you done in regards to additional landscaping for that facility in the last 20 years? Mr. Kallabat: We try to keep it up pretty much. Mr. Alanskas: When you say "keep it up," what do you do to keep it up? Mr. Kallabat: Make sure the lawn is cut and it's cleaned around the store. Mr. Alanskas: Is d irrigated? Mr. Kallabat: I'm sorry? Mr. Alanskas: Is it irrigated? How do you water it? Mr. Kallabat: We really don't irrigate it. Mr. Alanskas: You don't water it. Okay. Thankyou. Mr. La Pine: I was inside your store. Under our ordinance, all the liquor has to be behind the counter. I don't know where you're going to put it because you sell pima there. The day I was there, there was a young lady there. She told me they were going to renovate the whole inside of the store. Is that right? Mr. Kallabat: Yes, sir. Mr. La Pine: Where are you goinglo putthe liquor? 20101 Mr. Kallabat: We have received a letter from the Slate of Michigan that requested that we do not do anything until it's approved. The liquor is going againstthe opposite side ofthe counter. Mr. La Pine: The other side of the counter? Mr. Kallabat: The other side of the counter. Yes, sir Mr. La Pine: Well, that wasn't what was told to me. I was told a different story, but I'm not going to tell you what they told me. The store is so crowded now. I dont know where you keep your storage. There were beer cases all over the place. You had to watch yourself when you walked in the place. The store is just loo big to take on liquor because, unless you're only going to sell three or four brands of liquor. I don't know where the heck you're going to put it all. Mr. Kallabat: There is going to be a major remodeling. Mr. La Pine: I dont know if we really need another liquor store in that area. Thankyou, Mr. Chairman. Mr. Shane: Questions have been asked about landscaping and questions about the inside of the store. Would you be willing to produce a site plan, a building plan and a floor plan that shows exactly what you have in mind there? Mr. Kallabat: Yes, we will. Mr. Shane: Inside the building, landscaping, the whole thing? Mr. Kallabat: Yes, we will. Mr. Shane: If it should be tabled, you'd be willing to do that? Mr. Kallabat Yes. Mr. Shane: Thankyou, Mr. Chairman. Mr. Yaldo: If I could just take the lead and ask if I can table it while I prepare a site plan to present atthe next meeting? Mr. McCann: This is a public hearing. We have to do this public hearing portion first before we do anything. Any other questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against this petition? Please come down and give us your name and address. 20102 Charles N. Frangie, 30800 Telegraph, Suite 2830, Bingham Farms, Michigan 48025. 1 am the attorney for a business located across the street from the applicant. Standing next to me is the owner of the business called Big Ben. Mr. McCann: Big what? Mr. Frangie: Big Ben, a party store. I would like to mention that the proposed location violates the stale law which is the Liquor Control Act because it's located less than 2,640 feet away from an existing liquor place or store. This store is located about 250 away from my client's store, and there could be an exception, according to the state law, if the two stores or locations are separated by a far lane highway. They are separated by a two lane highway. Mr. McCann: Do you have that section with you? Mr. Frangie: Yes, I do. As a matter of fact, there is a letter from the State of Michigan. If I may approach the Board ... Mr. McCann: "R 436.1133, Rule 33 of the Michigan Administrative Code provides as follows: 'An application for a new specially designated distributor license or for the transfer of location of an existing specially designated distributor license shall not be approved by the commission if there is an existing specially designated distributor license located within 2,640 feet of the proposed site. The method of measure shall be prescribed in section 17a of Act No. 8 of the Public Acis of the Extra Session of 1933, as amended. This rule may be waived by the commission for one of the following reasons: (a) If the existing specially designated distributor has purchased less than $10,000.00 in spirits from the commission during the last full calendar year. (b) If the existing specially designated distributor has a B -hotel or A -hotel license. (c) If the proposed location and the existing specially designated distributors licensed establishment are separated by a major thoroughfare of not less than four lanes of traffic. (d) If the proposed licensed establishment is located in a neighborhood shopping center ... . or (e) If an existing specially designated distributor licensee is located within 2,640 feet one or more existing specially designated distributor licensees and requests a transfer of IocaUon... "' Thank you. Mr. Pieroecchi: Whatdid he say? 20103 Mr. McCann: I don't know. I'd have to do some work on it, but that's the rule I was refening to Iasi week. Can my staff get a copy of that? Is there anything else you want to say? Mr. Fmngie: Yes, I would like to add more. That the area has on both sides of the street, in the City of Livonia and in the City of Westland, there are liquor stores, SDD licenses, and I do not think that the area needs more licenses. I think the neighborhood has sufficient stores within a reasonable distance and there is no need for it. Of course, it drives the value of my client's business down and the other businesses. I can name the other businesses in the area that have liquor licenses. I think there is no need for anew license. Thankyou. Mr. McCann: Is there anybody else that wishes to speak for or against this petition? Mario Aljarbo representing Mario's Italian Bakery of Westland on 8675 Newburgh Road. I would like to object to issuing of the SDD license to the establishment of Livonia Beer and Wine for the reasons that there are enough liquor licenses in the area. I purchased this business two years ago knowing the competition in the area and that an SDD license would not be issued within one and a half to two miles of the area because of the SDD licenses issued all around the area. Also, my business will not retain its value and it would be much harder for me to pay my business as a new business. Laura Callen, 38120 Joy Road. I'd like to address a couple of issues, one of them being the party stores that do sell liquor in our area are both Westland party stores. The Livonia store that used to sell liquor in our area has been closed for the better part of three years. I walk to the store when I go to the store. I often take my children. I dont want to cross Joy Road and Hix Road with my children walking to a store. Also, the upkeep of the store: in the summer, they do keep up the lot. They do keep up the landscaping. The trees are trimmed. The grass is cut. It does look nice. I know quite a few times they've done quite a bit of work to the parking lot. They put in a new sewage system so it drains property. I'm not sure how often, but it's usually in the summertime it's re -marked. They do normally have handicap parking there. I just feel we should support a Livonia business before a Westland business. Charlotte Fournier, P.O. Box 85146, Westland, Michigan. I'm just here to support Livonia Beer and Wine. As other parties have said, they do keep up the store. They clean up the area. They do try to do what they need to do. They do put handicap signs up. During 20104 the summer, they mark their pavement. I have seen this every year. And I've seen them for the last 10 years. I'm planning to move into Livonia, and I think it would be a great service. I think they're going to make their store a lot better for Livonia. Emir Kacharl, 38626 Alma Lane. I live about a quarter mile from Livonia Beer and Wine Shoppe. I go aer there just about every day. The people behind the counter are really nice people and they give the customer good service. They take care of business. Also, they keep the store in good condition - clean. As far as the parking lot, in the summertime I see people two or three times a week picking up sluff from the parking lot and cleaning and sweeping. Thank you. Dave Winn, 8906 Knolson. The only thing I can say is, in every field, and even the field I'm in, its very competitive right now. And I bink that you should consider Sam, this license, so that he can become competitive with the guy across the street. And that's really what it's all about. I think if he came in with a site plan, you'd be impressed and he'd do a good job for you. And I thank you. Jeff Ball, 37805 Woodridge, Apartment 204, Westland, Michigan 48185. 1 grew up in Livonia at Six and Wayne and moved right over by the party store there. I've been there about 15 years now. I've gotten to know all the people and the whole family. It's a family con business. They are really good folks. They take care of their lot. They take care of their business, and they try to do their best. I'd really encourage all of you to vote for this tonight because they deserve it. Theyve earned it. Mr. Fmngie: If I could have a brief rebuttal to the first lady who spoke in favor? She mentioned that a liquor license is dosed now. I believe she is referring to a business called Kirk's, which is ready to reopen. My client has told me that he has talked to the owner of that liquor store and they will reopen very soon. Thank you. Mr. McCann: I'm going to close the public hearing. The petitioner has the last word. Mr. Yaldo: Just a brief response. With respect to Kirk's, from my understanding, that store has been opened and closed several times. It apparently can't sustain itself as a business over the last several years, and about three years ago it closed. With regards to the issue conceming violation of stale law, I think what was presented to you was a Michigan Liquor Control administrative rule. That's not necessarily a state law. There is a process that is followed. We need to go in front of the 20105 Michigan Liquor Control Commission if they deem that we don't meet their requirements. Then we present our case before them. And then if we can get an exception, we get an exception. I don't think that should, in and of itself, have anything to do with your decision tonight. This is strictly a request to do something at that store that already accommodates it. We already sell beer and wine. All we're asking for is to sell liquor. We're not changing the character or the nature of the store. If it has an SDD license, it only augments it. It adds to it. We're willing to deal with all of the issues presented, the parking lot and the interior as well as the architectural, the landscaping, all those things. We understand. We recognize that those are issues, and we're ready to deal with those issues. That's all I have to say. Mr. McCann: If Kirk's license isn't being used, why not purchase that? I don't think they waive it that lightly. I've known of many cases where theywill nolwaive it. Mr. Yaldo: Yes, I've done a lot of work with the Liquor Control Commission over the years. Ive seen them go back and forth, depending on who the commission members are. Sometimes they are a lot lighter than other times. I just don't know. I've had them waived before and then I've had them reject them before. It depends on the presentation and the facts and circumstances of this case. And what I have is a party store that serves Livonia, and then party stores in Westland that are opposing it. And that really is an issue. The argument that it diminishes the value of their store, that's an economic argument. That's like me coming in and strictly saying, hey look, I need this to make more money. Mr. McCann: Isn't that what you said? Mr. Yaldo: No. There's more to it than that. We're also trying to serve our community. You saw a stream of our customers come up and tell you that, "We come to the store. We like the store. We like the owners." We think they provide service, and we're asking for more service that they could provide without really detracting or taking away from the nature of that location. They are actually adding to it because it will give you a chance to dictate certain changes and certain modifications to the location - the landscaping, the parking lot, things of that nature. Mr. McCann: We also have an ordinance in the City that says there should be a 1,000 foot separation between SDD licenses. To me, the intent of that is, "Hey, we dont want to pile them on each other." The intent of the Michigan Liquor Control Commission is, we don't want liquor stores on every comer. There are rules that 20106 you have to be so many 1,000 feet from a church; you have to be so many feet from a school. Mr. Yaldo: I think it's 500 feet from a church and a school. Mr. Alanskas: 800 feet from a church. Mr. Taormina: It's 400 feet. Mr. McCann: 400 feet! Well, let's all throw the money in a pot and we'll see who takes it home. Mr. Taormina: That's our ordinance. He's cifing the stale statute. Our ordinance is 400 feet. Mr. McCann: Our ordinance is 400 feel. Okay. Mr. Yaldo: We're all familiar with the state statute. Mr. McCann: We're at200 feet here. Mr. Yaldo: Sure. Mr. McCann: That's a major consideration. Mr. Yaldo: You're 200 feet in two different cities. I mean two different locations, that is number one. Number two, arguments concerning clustering work both ways. Sometimes it's better to have them in a closer relationship because that's where you have all your party stores, rather than trying to spread them out. This is a liquor license that we are buying from another location. So it's not like we're bringing anything new to the community, because there are a limited number of licenses and we're spending good money to buy this license. We're ready to spend good money to upgrade and remodel this building to accommodate that license. Mr. McCann: Have they checked into Kirks? That was my original thought. I feel more comfortable moving a license from within the City down the road a half mile to this location. Therefore, I'm saying, "Hey, I'm not adding any liquor license to Livonia, but I'm helping this guy get along" Mr. Yaldo: I've not checked on Kirks. No, to answer your question. Mr. McCann: Thank you. 20107 Mr. LaPine: Did I understand you to say that the owners of the party store RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 14, 2003, on Pefition 2002-12-02-27, submitted by Nasmt Kallabal, on behalf of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize an S.D.D. license in connection with an existing beer and wine shop located on the Northeast comer of Joy and Hix Roads in the Southeast % of Section 31, the Planning Commission does hereby recommend to the City Council that Petition 2002-12-02-27 be denied for the following conditions: 1. That the petitioner has failed to affirmatively shay that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; have been there for 20 years? Mr. Yaldo: That is my understanding, yes. Mr. LaPine: Why is it for 20 years he hasn't had a liquor license? All of a sudden, he has to have a liquor license? Mr. Yaldo: I think the nature of the business has changed over the years. Mr. LaPine: What do you mean? How has it changed? In which way has it changed? All liquor is liquor, beer is beer, wine is wine. Mr. Yaldo: No, its become much more competitive. I mean the competitive nature of owning a party store has changed over the last 20 years. Your competition 20 years ago was other party stores. Now its the Walmarls, and it's the local gas station that has a "c" store in it. Your profit margin is diminished greatly. You need to be able to serve and sell other products. So, no, the whole mlure of the party store business has changed. Its not what it was 20 years ago. Mr. LaPine: Okay, I'll say five years ago. Why didn't they go out for a liquor license five years ago? Mr. Yaldo: I think I can speak for him. Two years ago he called me looking fora license. I dont think there were any available at that time. One became available, so we jumped on it. Mr. McCann: Is there anything else? I'll close the public hearing. A motion is in order. On a motion by Mr. LaPine, seconded by Mr. Piercecchi, itwas RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 14, 2003, on Pefition 2002-12-02-27, submitted by Nasmt Kallabal, on behalf of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize an S.D.D. license in connection with an existing beer and wine shop located on the Northeast comer of Joy and Hix Roads in the Southeast % of Section 31, the Planning Commission does hereby recommend to the City Council that Petition 2002-12-02-27 be denied for the following conditions: 1. That the petitioner has failed to affirmatively shay that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 20108 2. That the City is currently well served with SDD licensed establishments; 3. That there is no demonstrated need for addifional SDD licensed facilities in this area ofthe City; and 4. That the proposed use is incompatible to and not in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Pieroecchi: Mr. Chairman, I'd like to make a comment if I may. Mr. McCann: Please. Mr. Piercecchi: I supported this motion because I looked at the track record of this store. Number one, it is closer than 1,000 feel from another SDD license. If it had an expressway between it, that's what I would consider a major separation between communifies. They have a very unattractive pylon sign. I think its possibly loo large for the site. They have a Keystone, a Coors, a Killian, two Bud Lite and six Miller signs above the window. Not in compliance. Over 20% of the window areas have signs on display. That is not in compliance with our ordinance. We have neon tubing on each side of the side on the building facing. We have trash abutting the east side fence. The parking lot definitely needs repair and double striping. We have car bumper blocks on the south side of the establishment laying on the sidewalk. And the dumpsler lop is definitely in need of a lot of repairs. In fact, I thought it was suggested at the onset through our staff that we would like to see where you're going to put it. It's hard to even walk in that store it's so crowed. That's it, Mr. Chairman. Mr. Shane: I was in hopes that we could table this item to give this petitioner a chance to answer all the questions and concerns that Mr. Pieroecchi just outlined. If he is really serious about having a first class operation, let him show it to us. Then we can make a decision then. Mr. McCann: Are you making a tabling motion? Mr.Shane: Yes. 20109 On a motion by Mr. Shane, seconded by Ms. Smiley, it was RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 14, 2003, on Petition 2002-12-02-27, submitted by Nasret Kallabal, on behalf of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize an S.D.D. license in connection with an existing beer and wine shop located on the Northeast comer of Joy and Hix Roads in the Southeast ''/ of Section 31, the Planning Commission does hereby recommend Petition 2002-12-02-27 be tabled. A roll call vole on the foregoing resolution resulted in the following: AYES: Shane, Smiley, McCann NAYES: Alanskas, La Pine, Pieroecchi, ABSTAIN: None ABSENT: Walsh Mr. McCann, Chairman, declared the motion fails. Is there any more discussion? We need a vole on the original motion then. On a motion by Mr. LaPine, seconded by Mr. Piercecchi, and approved, it was #02-23-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 14, 2003, on Petition 2002-12-02-27, submitted by Nasret Kallabat, on behalf of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize an S.D.D. license in connection with an existing beer and wine shop located on the northeast corner of Joy and Hix Roads in the Southeast ''/ of Section 31, the Planning Commission does hereby recommend to the City Council that Petition 2002-12-02-27 be denied for the following conditions: 1. That the petitioner has failed to affirmatively shoe that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 oflhe Zoning Ordinance #543; 2. That the City is currently well served with SDD licensed establishments; 3. That there is no demonstrated need for additional SDD licensed facilities in this area ofthe City; and 4. That the proposed use is incompatible to and not in harmony with the surrounding uses in the area. 20110 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. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Alanskas, Smiley, Piercecchi NAYES: Shane, McCann ABSTAIN: None ABSENT: Walsh Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. The petitioner has len days to appeal the decision to the City Council in writing. This concludes the Public Hearing section of our agenda. We will now begin the Miscellaneous Site Plans section of our agenda. Members of the audience may speak in support or opposition to these items. Will the Secretary please read the next item? ITEM#6 PETITION 2001-01-08-09 SPRING BROOK CONDOS Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2001-01-08-09 submitted by Ardmore Development, on behalf of Springbrook Villas and Springbrook Estates, requesting approval of the Master Deeds, bylaws, landscaping and entrance marker for the condominium and site condominium developments on property located at 19810 Farmington Road in the West Ybf Section 3. Mr. Miller: This site is located on the east side of Farmington Road between Seven Mile and Fargo. On October 23, 2002, the petitioner received site plan approval to construct a mixed condominium development on the old Ardmore property. As part of the approval, it was conditioned: That detailed plans for landscaping and identification signage, as well as the Master Deeds for both the detached and attached condominium developments, shall be submitted to the Planning Commission and City Council for their review and approval. In compliance with this condition, the petitioner has submitted a Landscape Plan, an application for an Entrance Marker and the Master Deeds and bylaws for each condominium development. The Landscape Plan shows that the main focus of the landscaping would be installed along Farmington Road and adjacent to the entrance into the development. These areas would consist of meandering greenbelts planted with a variety of plant materials, 20111 including evergreen trees, deciduous trees and flowering plants. In accordance with the Subdivision Control Ordinance, street trees would be planted throughout both condominium developments. A tightly placed row of spruce trees would be planted along the north property line, screening this development from the Woodlore Condominiums and its carports. A note on the plan indicates that throughout the site, where feasible, existing trees would be preserved. According to the Master Deeds and bylaws that were submitted, the attach condominium development on the north half of the site would be called "Springbrook Villas Condominium." The site condominiums developed on the south half would be called "Springbrook Estates." The proposed Entrance Marker would be located in the landscaped island of the divided entranceway. The single sign would identify both condominium developments. The graphic on the sign would be comprised of the wording "Springbrook" and an icon illustrating what appears to be a twig and leaves. Signage permitted for this site under Section 18.50E is one entranceway sign not to exceed 20 sq. ft. in sign area. The proposed signage is for one entrance marker 20 sq. ft. in sign area constructed out of brick with a slate cap. Mr. McCann: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated January 21, 2003, which reads as follows: "Pursuant to your request of January 7, 2003, the above - referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? I believe we told him he would not have to be here. For the audience, the petitioner was not able to be here tonight. He did attend the study session when we reviewed this petition. He answered our questions regarding the type of plantings, and it is a conforming sign. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, a motion is in order. On a motion by Mr. Shane, seconded by Mr. LaPine, and unanimously approved, it was #02-24-2003 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that the request for approval of the Master Deeds, bylaws, landscaping and entrance marker, submitted by Ardmore Development, on behalf of Springbrook Villas Condominiums and Springbrook Estates, in connection 20112 with Petifion 2001-01-08-09, which previously received site plan approval by the City Council on October 23, 2002 (Council Resolution No. 580-02), for the condominium and site condominium developments on property located at 19810 Farmington Road in the West %of Section 3, be approved subject to the following conditions: 1. That the Landscape Plans marked Sheets L-1 and L-2 both dated January 3, 2003, as revised, prepared by Russell Design, are hereby approved and shall be adhered to, except for the fact that the Serbian Spruce trees along the north property line shall be spaced apart at least 15 feel on center; 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 3. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4. That the Entrance Marker submitted by Signwork, as received by the Planning Commission on December 20, 2002, is hereby approved and shall be adhered to; 5. That any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 7. That the Master Deeds and bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, except for the fact the following shall be incorporated: - That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings; 20113 That the petitioner shall induce language in the Master Deeds or separate recordable instruments wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owners property prorata and place said charges on their real estate lax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 9. That the brick used in the construction of each condominium unit shall be full -face four (4") inch brick, no excepfions; and 10. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds, which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for these condominium developments. Mr. McCann: Is there any discussion? Mr. LaPine: Yes, just one question. Mark, about the sign, which I brought up, is that sign going to be just on the condo section or will it be on the R-3 section too? Mr. Taormina: It will be on the R3 section too. The same standards apply for oursubdivisions. Mr. Alanskas: I just want to point out that, as one commissioner, I appreciate the fad that the petitioner wanted to put so many Siberian Spruce trees along the north wall. But the way they were spaced, they would have choked out within a year because they were so close together. I think that spaced apart 15 feet is much better because they grow so quickly. Thank you. Mr. McCann: Thank you. That's coming from our resident expert. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 20114 k 1=1,7 E3OIIIIIIIIIII119=k IY Ile]: DAD14fil SHe] 3 of1,R-10q yV/I*Mif Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003-01-08-03 submitted by Tiseo Architects, on behalf of Blockbuster Video, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 37609-37685 Five Mile Road in the Northeast %of Section 19. Mr. Miller: This site is located on the south side of Five Mile Road between Newburgh and Hix. The petitioner is requesting approval to construct a stand-alone commercial building out in front of the Village at New Five Plaza Shopping Center. The major tenant of this commercial center is a Fanner Jack grocery store, which occupies the westerly most unit. The proposed building would sit out, more or less, in the middle of the centers existing parking lot, just west of the main driveway off Five Mile Road. A bank, along with a gas station located at the intersection of Five Mile Road and Newburgh Road, already exist in front of the center. The proposed building would be one-story in height and 5,036 square feet in size. It would be occupied by one tenant, Blockbuster Video. An enclosed dumpster area would be located next to the southeast corner of the building. Parking is summarized as follows: They are required to have 606 spaces, the site plan shows 511, so they are deficient by 95 parking spaces. Therefore, they would require a variance from the Zoning Board of Appeals. The new Landscape Plan shows additional landscaping would be installed along the entire length of the center's greenbelt frontage of Five Mile Road. A new elongated landscaped parking island would be incorporated within the center's parking lot just west of the proposed building. The Elevation Plans show that the proposed building would be constructed out of brick, with a cast stone base, on all four sides. A six foot wide dryvit band would run along the top of the building's storefronts (north elevation). A standing seam metal parapet roof, that would encompass the entire roofline, would screen the rooftop equipment. Mr. McCann: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated January 29, 2003, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No further rightofmy dedication is required. Water mains are available on-site and on the south side of Five Mile Road. Sanitary sewers are 20115 available on the north side of Five Mile Road and near the Northwest comer of the Farmer Jack store. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 10, 2003, which reads as follows: `This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above - referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated January 13, 2003, which reads as follows: We have reviewed the plans in connection with a proposal to construct a commercial building on property located 37609 — 37685 Five Mile Road. The proposal considers Blockbuster Video and the Coffee Shop as one business, requiring 34 parking spaces. They are actually two businesses requiring a total of 50 parking spaces, not including employees for the Coffee Shop (+2 est). Taking into account the above information, the parking deficit will be approximately 113 spaces. We recommend the installation of stop signs for east/west traffic in the parking lot where it crosses the main driveway just south of Five Mile Road." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 23, 2003, which reads as follows: "Pursuant to your request of January 7, 2003, the above -referenced petition has been reviewed. The following is noted. (1) This site has portions of the lot that need double striping. The east lot needs repair or repaving. The south access drive needs repair or repaving and other areas on the north side require the same. (2) There is outside storage on the west end of Farmer Jacks and over 15 plus dumpsters are positioned in the south access drive without dumpster enclosures. The original approval stated all dumpsters were to be in masonry enclosure matching the building. There is also shelving stored outside at the southwest comer of building B. (3) Some rear exterior doors need paint and maintenance. The fence only dumpster enclosure at Farmer Jack is in disrepair and has no gates. (4) There is no evidence the landscaped areas, proposed and existing, are irrigated. The landscaping plan references a gas station west of the bank that is actually east of the bank. (5) Although parking easements exist, site A (parcel C bank) has put signage up to restrict parking to the bank only and taken at least 33 spaces away from being used by parcel B or parcel A. These signs should be removed permanently or the parking shortage will increase. (6) The parking calculations are incorrect. This site should be reviewed as one space to 125 square feet usable and any restaurant with seating will require additional parking. 20116 Required parking without a restaurant is 618 spaces. Provided is 511 spaces, a deficiency of 107 spaces. The space for the 'coffee house' as non -restaurant requires 11 spaces. As a restaurant with 50 seats, it would require 27 to 30 spaces, an increase of 16-19 spaces. The Petitioner needs to state the use or come back to the Board if, in fact, it does become a restaurant with seating. Cumentiy, without the proposed restaurant seating, the Petition will require a parking variance of 107 spaces from the Zoning Board of Appeals. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Ben Tiseo, Tiseo Architects, Inc., 19815 Farmington Road, Livonia. I'm here with Mark Canvasser, who represents the properly management company. If there are some questions I can't answer, I'm sure that he'll be able to answer them. Let me tell you how we got here. The reason we're here is because Damman Hardware at Century Plaza across the street is requesting to expand their space. The only space they have available is into the current Blockbuster Video space. Blockbuster Video's lease is up in June of this year. They have no other options in their lease. So the landlord has decided to execute the expansion of Damman Hardware into the existing Blockbuster Video space. Blockbuster wants to stay on that comer. They have a good base for customers there. They know the importance of it. So that's why they approached my clients to see if they can do something in the center. There is no vacant space available in the center to accommodate a 5,000 square foot user. There are several leases pending right now for some of the vacant spaces that are there. So there isn't much of an option other than trying to do an outlot on the front portion of this building. They are willing to sign a ten year lease with two-year options. They are willing to make a commitment to stay in that area. That is important for them. The tenants that have been informed about this have acted favorably to having this oullot-type building. One of the changes, if you'll notice from the original submittal is that we have taken out the proposed coffee shop. We have also added additional landscaping. I'd like to clarify some of the items that were brought up in Mr. Bishop's letter. The double striping was a requirement that came in after the development was constructed. We're more than willing to do the striping of that lot at the cycling of the maintenance program on the property. That would not be an issue. We cant speak for any of the other parcels because we can only do work on our parcel, which I believe is Parcel A. The other ones are not under our 201 17 ownership, nor under our jurisdiction, so we cannot go on those properties. We will work with whomever to see that they would help comply with this. The storage outside Fanner Jack's, we will discuss that with the tenants. I know periodically they have trailers that they just can't unload that day and they do drop them once in a while. Then theyre unloaded, and then theyre off site. We will do what we can to see that it is kept to a minimum, if not reduced entirely. I was at the site Saturday. I went around again after I received the letter. I did not see any doors that needed maintenance on the back of this building. I would be willing to meet with Mr. Bishop so he could show us what he feels should be replaced or what has problems. We'll gladly look into that, but most of them were freshly painted. Some of them were recently repaired. The dumpsters is another issue that we can't address oft our property. It is my understanding that the dumpsters that are on the property were in a sense grandfathered because they were not required when the center was originally built some years ago. If need be, we could probably do an enclosure around the Fanner Jack's which is where the dumpsters are more or less visible from the parking area. All the other dumpsters along the whole center on the back are screened from the front, and there's a masonry wall in the back that's six feet high screening it from the neighbors. The landscaped areas will be irrigated. You'll notice that note on the recent submittal. We will work with the City and request that the bank do remove their "bank only" parking signs because we do have cross -parking access easements for all three of those parcels. And the parking issue, there is some discrepancies with our numbers versus some of the other computations, but that's something that can be worked out. I do know that if this is approved, we do have to go before the ZBA to get a variance on the parking spaces. I know that one of the things that has been discussed is the value of outlol type buildings. I believe there's a lot of positive examples of oullol buildings. There's a lot right here in Livonia. The Newburgh Plaza Center at Six Mile and Newburgh has a Big Boy's there. It has the Charter One bank. That's a very positive introduction to that center. Also, at the Livonia Mall, Bakers Square is another very positive introduction of an outlot-type building. The entertainment mall on Seven Mile and Haggerty has numerous restaurants as outiots. So there's a lot of others. We do a lot of shopping centers. We've got four under design, under construction right now. Actually there's six. And all of them have outots. From a planning standpoint, we prefer to do them for multiple reasons. One is that the outlot buildings themselves allow the parking lot to get a better utilization. It breaks up the standard strip center where the majority of the parking is right in front of the stores and then you have all the vacant parking 20118 spaces from the street back. This allows you to disperse the parking throughout the center more equally. Also, from a visual standpoint, rather than looking at one large mass of building, these outlot buildings do help break up those masses so that visually as you see the center, it doesn't give you this large mass of the big box look to it. We're building one center right now where the city planners are driving us to a five outlot center with a major food store and other retail. So that is something that is positive with the communities that are being developed. I see that here to stay. Its more of a campus feel rather than a strip shopping center. That's the basic intent of the oullots. I know I spoke to a Mr. Walsh, who is not here tonight, about a new submittal. I informed him that we have made some of the changes. We have reduced it strictly to the video store and added additional landscaping. He apologized that he couldn't be here, but he told me if he could be here, he probably would vole for that because of those changes. Again, if I can answer any questions, I'm here for that. Mr. Alanskas: So you're going to go from almost 6,400 to a 5,000 square foot building because your original one at 6,378 induced the coffee shop? Mr. Tiseo: That's correct. The coffee shop is gone. Mr. Alanskas: Now you wantonly 5,000 so the building would be smaller. Is there a reason why you can't put your dumpster in the back of the southerly property instead of having it behind your store? Mr. Tiseo: The logistics of laking the trash back behind the existing shopping center, I think, would be too much to ask. Mr. Alanskas: The bank does it every day. The bank's dumpster is behind all those buildings. I know because I take it out. I work there. That's myjob. So it can be done. Mr. Tiseo: If that's a condition, that's fine. We found that most retailers would like to have it right there. Mr. Alanskas: That way you wouldn't have an unsightly dumpster in the middle of the parking lot. That's one thing I don't like. Mr. Tiseo: I prefer to move them away as well. If that's a condition, that will be met. Mr. Alanskas: I'm not against an outlot building, but I hale to see a dumpster in the middle of a facility like that, so I'm pretty sure that can be done. 20119 Mr. Tiseo: Yes, sir. Mr. Alanskas: And you want to reduce it by 2,500 square feet? Mr. Tiseo: That's correct. Mr. Alanskas: What would be the height of the building? Mr. Tiseo: I believe its on the drawings. Mr. Alanskas: In regards to blocking some of the stores. Mr. Tiseo: The lop of the parapet is 21'-6". Mr. Alanskas: All right. Thank you very much. Mr. LaPine: I have a different view than you about outlots inside shopping centers. When this shopping center was developed, if you left an ouflot there that we knew was going to be developed at a later date, that's one thing. But to come in now and say, 'We want to put an outlot here," quite frankly, I dont like d. I think it takes away from the character of the shopping center. How many stores are empty in that shopping center at the present time? Do you know? Mr. Tiseo: I believe there are actually three vacant spaces. Two have leases out right now. Mr. LaPine: There's two out plus one vacancy. Okay. Have you looked at any other location on this lot? For instance, if it was moved down to the far end by Fanner Jack's? Mr. Tiseo: Well, we did not look at that simply because if you notice the depth of the center, there was more room in front of that ilaza area rather than in front of Fanner Jack's. Mr. LaPine: Even when you go out there and look at where it is now, the depth of this whole parcel is quite shallow compared to most shopping centers. When I went out there and looked at it, I saw some city -owned land to the west. There are some tennis courts there. I dont know what the City uses that land for or if that land is available. If the City would be willing to sell it, you could put the store over there. I don't know if that's available or not. I understand it's not because at the time the shopping center was developed, the homeowners wanted a buffer zone between them and the shopping center. The tennis courts don't look like they are used anymore. That's another option that can 20120 be looked at. Quite frankly, I just dont like outlots in the middle of a shopping center. You're talking about Bakers Square. I was here when Baker's Square was approved. I didn't approve it. I voted against it because it's just the way I feel about that type of operation. Where do you draw the line? Let's assume another store comes in. Farmer Jack's comes up with something, and they want to put an outlol on this end of the shopping center. How can you say one can have it and the other guy cant have it? If this was an outlot that was there, that's one thing. We do have a lot of situations where there are planned outlots. Millennium Park is a good example. There are three or four lots over there that are outlots. We know something is going to go on them, but we knew that at the time we approved the zoning and the site plan. Here, we didn't know that. 1, for one, am just opposed to it. Thank you, Mr. Chairman. Mr. McCann: Is there anybody in the audience that wishes to speak for or againstthis petition? Michael Lippitt, Landmark Commercial Real Estate, 32605 W. 12 Mile Road, Suite 190, Farmington Hills, Michigan 48334. I'm the exclusive real estate representative for Blockbuster Video and have been for 15 years. Currently, we're operating four stores in the City of Livonia. I'm sure you're aware of all of them, and theyve been here for a long time. No other changes are really planned at this point. The stores all do well and they're obviously supported well by the neighborhoods and the demographics. This particular store, as it was stated, is being forced out of the Century Plaza. Blockbuster made a mistake. It's not my job, but the corporation did not renew an option that they should have renewed, and they lost the ability to stay another five years. So they've been there close to 15 years now. Damman is going to expand. So their choice at this point in time was to either exit this part of the market and just not have a store there, or to try and find a replacement. The store is a well supported store. Its a high volume store. So they do want to keep the store. And we did explore a variety of options around that intersection. This seemed to be the only one that was viable, both in terms of availability on the one side and also with respect to whether Blockbuster Corporation would approve the site. If you know about Blockbuster and everybody seems to, they primarily only will look at outlots or endcaps. And there were no other outlots or endcaps available at the intersection, so we started working with Mr. Canvasser in terms of trying to develop this outlot. They've been a good strong tenant and a family-oriented tenant for not only Livonia but throughout the United States. They don't carry porn like other video stores 20121 tend to thrive on. It's a family-oriented business. They would like to stay. This is really the only opportunity that they will have to stay at this intersection, so if you think it's something that is worthwhile for the community and you can support it, that would be great. If not, I'm afraid they would just have to work within the three existing stores they have. Certainly demographics could continue to support this store though, and they would like to stay. I'd be happy to answer any questions about Blockbuster. Mr. Alanskas: In your exisfing store, how many square feet do you have in that store now? Mr. Lippilt: It's a 7,500 square fool store. The ironic part about it is that the store is loo large right now for what we typically use. Mr. Alanskas: It is that big? It is 7,500 square feet? Mr. Lippilt: Yeah, back in those days, we were doing stores all the way up to 10,000 square feel. Now prototype is 5,000 square feet. Actually, the store we're proposing, as it turned out, was 5,030. That's pretty much prototype. We're actually a little bit smaller recently, but now with the advent of DVD, they need to may dual formats in the stores, so 5,000 is the number. Mr. McCann: Mr. Tiseo, I'm tom. I'm not sure about the parking deficiency. I would assume that Farmer Jack's is aware of the proposal to put the Blockbuster there? Mr. Tiseo: Yes, they are. Mr. McCann: They are supporting it even with the understanding that the parking would create a deficiency? Mr. Tiseo: Yes, sir, they are. Mr. McCann: And the tenants have all been made aware of this proposal? Mr. Tiseo: I dont know about all of them. I know that Mr. Canvasser had tried to contact some of them. But I know that specifically he did speak to Farmer Jack. Mr. McCann: And Farmer Jack believes that this is not going to create a parking problem? Mr. Tiseo: No, they dont. They think it will also be a plus. 20122 Mr. McCann: If you look at the northwest corner, you've got len spots going in front. You've been able to add six additional spots to the west, and that tenth spot is sticking kind of way out. I'd almost like to see that changed to some type of green area because you've got a lot of kids coming in and people coming around and turning. A greenbelt in that area might help to soften the effect of the building. That's my recommendation if it passes. I'll look for a motion at this point. On a motion by Mr. La Pine, seconded by Mr. Shane, itwas RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2003-01-08-03 submitted by Tiseo Architects, on behalf of Blockbuster Video, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 37609-37685 Five Mile Road in the Northeast %of Section 19, be denied for the following reasons: 1. That the petitioner has failed to comply with all general standards and requirements as set forth in Sections 18.58 and 19.06 of the Zoning Ordinance; 2. That additional commercial space is not necessary for this center or the surrounding area; 3. That the layout of the building within an existing parking lot would unduly tax and conflict with the established and normal traffic flow of the area; 4. Based on the severe number of deficient parking spaces, this site is unable to accommodate this type of expansion; 5. Allowing this type of development would be detrimental to the aesthetic quality and appeal ofthe of the overall site; 6. That approving his satellite building would not only set a undesirable precedent in the area but for the City as a whole; and 7. That the petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents. Mr. McCann: Is there any discussion? Mr. Pieroecchi: I have some comments, Mr. Chairman. 20123 Mr. McCann: Yes, Mr. Piercecchi. Mr. Pieroecchi: Mr. Chairman, I for one fully realized that satellite buildings do exist within the confines of some of our centers. These buildings we are told have the potential to breath new life into an area. Perhaps and maybe, but one thing is certain: they have a deleterious effect on the aesthetic well being of a center. This site plan that has been shown here tonight has very little value. And in addition, it runs counter to Section 19.06 of our Zoning Ordinance in the areas of size and character, traffic flow and safety within a complex, as well as density, parking deficiencies and sound planning which induces dumpster locations. Not only is it being suggested on a very shallow parcel, it is not a Wonderland, Livonia Mall or even a Newburgh Plaza site in its depth. It is very short. Thais why I question the wisdom of approving this after -thought development. In addition and in closing, it can also set an undesirable precedent in opening the doors for other business groups who request satellite structures out in front of their stores. This hodgepodge overpowering mix is not in the best interest of our commercial well being. Mr. McCann: If there is no other discussion, will the secretary please call the roll. A roll call vote on the foregoing resolution resulted in the following: AYES: La Pine, Shane, Pieroecchi NAYES: Smiley, Alanskas, McCann ABSTAIN: None ABSENT: Walsh Mr. McCann, Chairman, dedared the moon fails. Is there an altematwe motion? Mr. Alanskas: I would recommend a tabling resolution until Mr. Walsh gets back. On a motion by Mr. Alanksas, seconded by Mr. Pieroecchi, and approved, it was #02-25-2003 RESOLVED, that the City Planning Commission does hereby recommend Petition 2003-01-08-03 submitted by Tiseo Architects, on behalf of Blockbuster Video, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 37609-37685 Five Mile Road in the Northeast''/.of Section 19, be tabled unfit the Regular Meeting of February 25, 2003. 20124 Mr. McCann: Is there any discussion? Mr. Piercecchi: Its true that Mr. Walsh isn't here, but that's not the main reason why I will vole for the tabling. Any time I think that people are unsure of a particular development or project and want to look at it again, I see no reason not to. Mr. McCann: That's fair. Mr. LaPine: I understand at the study session that Mr. Walsh indicated he was opposed to it. Mr. Piercecchi: He may be. We'll find out. Mr. La Pine: Well, the petitioner tonight said he was for R. Mr. Piercecchi: Mr. Walsh hasn't voted. How can we really tell? Mr. McCann: That's right. A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, Smiley, Piercecchi, McCann NAYES: LaPine, Shane ABSTAIN: None ABSENT: Walsh Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #8 PETITION 2003-01-08-04 CHURCHILL PLACE Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition 2003-01-08-04 submitted by Livonia Public Schools, on behalf of Churchill Place Site Condominiums, requesting approval of the Master Deed, bylaws and site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 9210 Newburgh Road in the Southwest %at Section 32 Mr. Miller: This site is located on the east side of Newburgh between Joy and Ann Arbor Trail. The petitioner is requesting approval to 20125 develop a two -unit site condominium development on the subject property. Immediately adjacent, and to the east of this property, is Churchill High School. According to the submitted documentation, the proposed development would be called "Churchill Place Condominiums." The home sites would be developed through the Livonia Public School's Career/Technical program. This program has already built a house on the south half of the site. In order to be able to sell the house and develop another house to the north, the property needs to be separated in some way. The reason why this dividing cannot be achieved through the lot split process is because the subject site has already been split off from a larger parcel (Lot 745 of Supervisors Livonia Plat No. 12). A single parcel can only be divided a maximum of four limes. The ordinance specifies that the lot area of a piece of property in a RUF District shall not be less than a half acre in size. Both condominium lots would conform to all requirements of an RUF zoning district. The homesite with the existing house, labeled Unit 2 on the Site Plan, would be 0.50 acres in size. The other, labeled Unit 1, would be slightly larger at 0.58 acres. A copy of the Master Deed and bylaws for this new development has been submitted for review by the City. There is nothing in the documentation that calls out the percentage of brick for the exterior of each unit. Mr. McCann: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated February 3, 2003, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No further right -of my dedication is required. Water mains, sanitary sewers and storm sewers are available to serve the site. City ordinances require that site condominiums have rear yard storm drainage. As a minimum, we would require the extension of a storm sewer with an inlet located on the line between the units, located approximately 25' from the east line of the development. The rim elevation of this structure should be at approximately 676.0. We are sending the petitioner's engineer a sketch showing this storm line for his information. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 21, 2003, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct site condominiums on property located at the above -referenced address. We have no objections to this proposal." The letter is 20126 signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated January 29, 2003, which reads as follows: "We have reviewed the limited information made available to us regarding this petition. Based upon the information submitted, we have no recommendations regarding this petition." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 20, 2003, which reads as follows: "Pursuant to your request of January 17, 2003, the above - referenced petition has been reviewed. The following is noted. (1) The rear building setback will actually be 54 feet not the 50 feet noted on the survey. (2) Article V of the Master Deed (page 6), Section 1 appears to have an inconsistency on the depth of ownership. It is either 15 feet or 15 inches and should be clarified. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? David L. Watson, Livonia Public Schools, 15125 Farmington Road, Livonia, Michigan 48154. 1 think most of the information has already been presented. This property was purchased two or three years ago by the School District. There was an existing home on that property that really, the only thing that could be done with it is have it removed at that particular point in time. It was not in the best of condition. Since then, the District has constructed one home, as mentioned, on the south parcel. That home has been built, inspected and is ready to be sold. We have since postponed the sale of that until we can get all of these particular legal issues out of the way, and we can present the homeowner with clean documents regarding its sale. So that house was completed a year ago this past June. Again, we've been keeping it up and heating it, and we would propose to build a house very similar to that next door. It would be of approximately the same number of square feel, same basic design. It would have to be turned a little bit on the lot, but it would be similar to the ones we have built in other locations in the City along Stark Road, which was our most recent development. Currently, we're building a home on Joy Road just south of Churchill High School and to the east of it. It land of borders on its eastern boundary. The Career Center has been building homes for a number of years. They are quality homes, and we generally have absolutely no problem in selling any of them once we put them on the market. Mr. McCann: Are there any questions from the Commissioners? 20127 Mr. Alanskas: The house that you just completed, what did it sell for? Mr. Watson: The most recent one that we sold over on Stark Road, I believe it sold for right around $290,000. Mr. Alanskas: $290,000? Because I notice that most of the homes you build have very little brick on them. There have a lot of siding. Mr. Watson: We use a beltline brick. We've always done it with a beltline brick in the front portion of the home. That's the way we have done these. One of the reasons, it gives students an opportunity to, in a sense, experience a number of different kinds of facades to homes. It allows them to not just deal with brick all the way around, but allows them to bring siding to the ground. We're trying to give kids an opportunity to experience a number of different building techniques and ways of doing things. So we go with decks, with finished basements at times. We tend to put the brick in the front of the home, which is also similar in this case to the other homes that are up and down the street there. Mr. Alanskas: So it's not a monetary reason why you're putting so much siding on the homes? Mr. Watson: Well, its not entirely a monetary reason, no. It is as much an experience reason for the kids to use the different types of materials on the homes. Mr. Alanskas: I would think people buying the home would want more brick because it would be less maintenance. Mr. Watson: We've never had a problem selling any of the homes that we've done, and we've always built them that way. Its vinyl siding so it's basically maintenance -free anyway. Mr. LaPine: If you notice that in this motion, you have to have brick on all four sides. Mr. Watson: It's not something that we've done before. I guess if it comes down to that, we would have to do that. But it would not be something that we generally have done in any of the homes we've built, nor in the one that's next door. So you'd end up in a sense with condominium homes that are now different from each other. Mr. LaPine: I'm the one that asked that be in here. The only reason is because any builder that comes in town, we request that they have at least 65% brick if it's a two-story and 80% brick if it's a 20128 single story. So we're just being consistent with what we've done with anybody else who builds homes in the City of Livonia. Mr. Pieroecchi: I may add that wainscot is something we rarely, rarely approve. Thafs what you're talking about, 3.5 feel. Mr. Watson: I guess I'm not that certain exactly. In the front we've put up a beltline of brick about two-thirds of the way up or half way up and then with some type of vinyl siding above that. Mr. Pieroecchi: If you're going half way up, you're pushing the 65% that we like on a two-story. Mr. Watson: We only build ranches. Mr. Pieroecchi: Oh, you build ranches. Mr. Watson: We have only built ranches. Its a safety issue for the kids. We don't want them working up that high, so we build ranches. Its a big difference of falling from a single story roof than from a two story roof. These are students that are 16-17 years old. Mr. Pieroecchi: This mofion just treats the school system as anybody else who would be building a house on a site condo. It is 65% on a two- story building, and a one-story building, 80%. Mr. McCann: Is there anything else? Mr. Watson: Mr. Roskelly has been assisfing us with the design. William Roskelly, Basney & Smith, 33177 Schoolcmft, Livonia, Michigan 48150. I've been working along with the school for sites for their program for years. I think it should be pointed out that the house that has already been built has been permitted. All the BOCA codes have been used. It's acceptable by the City of Livonia. Now as you point out, when we work into condominiums, then you certainly can place certain restnctions as to how much back, how much siding, etc. But the only reason this is a condominium is because of the size of the large supervisor's plat, and the Plat Act that says you can only have four splits. So, our condominium is only to circumvent the Plat Act so we can gel a permit. Now in this case, we have the restrictions in Exhibit A done by an attorney. Does that mean we have to go back and change these and say Site One has to have brick on 80%? 1, in fad, think in this specific case, you should make an excepfion and allow us to proceed to build a home similar to what's there now and let's not gel involved in 60%-80% brick. I implore you. It's not a condominium. It is a 20129 condominium but only because we have to circumvent the Plat Act. Its a special case. Thank you. Mr. McCann: Again, we're ready for a motion. On a motion by Mr. Piercecchi, seconded by Mr. La Pine, twas RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2003-01-08-04 submitted by Livonia Public Schools, on behalf of Churchill Place Site Condominiums, requesting approval of the Master Deed, bylaws and site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 9210 Newburgh Road in the Southwest''/.of Section 32, be approved subject to the following conditions: 1. That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, except for the fact the following shall be incorporated: That the first floor of the condominium unit, identified as Unit 1 on the Site Plan, shall be brick or stone, on all four sides, and the total amount of brick or stone if it is a two-story unit shall not be less than 65% and not less than 80% if it is a one-story dwelling; 2. That the petitioner shall include language in the Master Deed or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owners property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 3. That the brick used in the construction of the condominium unit shall be full face four -inch brick, no exceptions; 4. That the Site Plan marked Sheet 3 dated August 28, 2002 prepared by Basney & Smith, is hereby approved and shall be adhered to; 20130 5. 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; and 6. That all required cash deposits, certified checks, irrevocable bank letters of credit ancVor surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development. Mr. McCann: I'm asking to make a friendly amendment which would come before the comments, and that is that I cant support it this way because it just doesn't make sense to me. We're not talking about a subdivision. We're not talking about a development. We're talking about one home. We're building a home right next to a home that's already been constructed. By making it 80% brick on a one-story dwelling, it wouldn't match the home next door, and it just doesn't make sense. This is a policy of the Planning Commission and the Council. Its not part of our ordinance to require that much brick. Mr. Shane: Mr. Chairman, I would concur with that. I have the same feeling. Mr. McCann: What I'm thinking is that if we fell the need, that maybe a friendly amendment that 50% of the first floor one-story building be brick around the four sides. Mr. La Pine: I'll support 50%. Mr. Shane: I'll support that. Mr. McCann: Would the maker of the motion agree to that amendment? Mr. Piercecchi: We're only a recommending body. We have two people in the audience ... Mr. McCann: I understand that, Dan, but our recommendation to go to Council is what I'm suggesting be amended. Mr. Piercecchi: I'd prefer the Council to make this judgment on their own because we generally insist ... Mr. McCann: All right. 20131 Mr. Pieroecchi: I'm just trying to follow procedures here. These have been our unwritten rules. I realize that. It does conflict. But I don't think we should have that prerogative to make changes. I think that goes to the body that's in charge of us. Mr. McCann: Okay. Well, then your motion stands, supported by Mr. LaPine. Mr. Piercecchi: It can be changed down the road, Mr. Chairman. Mr. McCann: Will the secretary please call the roll on your motion? Mr. LaPine: Wait. Before we vote on it, if Dan's motion is denied, then we go back and make a new motion, or can somebody make a new motion now to amend the original motion to allow 50%? Mr. McCann: I guess we can if somebody wants to make a substitute motion. I dont know whether we have to vote on this one first. I think we have to vole on this one first. Mr. Pieroecchi: How about a straw vole then? Why go through all this? If everybody wants the 50%, 1 mean I'm not going to fight it. I don't think we should be the ones to do this, but it appears as though I lost my support. Mr. McCann: Are you withdrawing your motion? Mr. Pieroecchi: Bill wants to change it. Mr. McCann: I believe he does, but .... Mr. Pieroecchi: So there's no motion. Mr. McCann: There's no motion. Mr. Pieroecchi: So we can start all over again, then. Mr. McCann: Okay. Do we have a motion then? On a motion by Mr. Shane, seconded by Mr. LaPine, and unanimously approved, it was #02-26-2003 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2003-01-08-04 submitted by Livonia Public Schools, on behalf of Churchill Place Site Condominiums, requesting approval of the Master Deed, bylaws and site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 9210 20132 Newburgh Road in the Southwest''/.of Section 32, be approved subject to the following conditions: 1. That the Master Deed and bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, except for the fad the following shall be incorporated: That the first floor of the condominium unit, identified as Unit 1 on the Site Plan, shall be brick or stone, on all four sides, and the total amount of brick or stone shall not be less than 50%; That the petitioner shall include language in the Master Deed or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owners property prorata and place said charges on their real estate lax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing forlhe City of Livonia; 3. That the brick used in the construction of the condominium unit shall be full -face four inch brick, no exceptions; 4. That the Site Plan marked Sheet 3 dated August 28, 2002, prepared by Basney & Smith, is hereby approved and shall be adhered to; 5. 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; and 6. That all required cash deposits, cerfified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 20133 On a motion duly made, seconded and unanimously adopted, the 831st Regular Meeting held on February 11, 2003, was adjourned at 10:15 p.m. I would like to thank the City Channel 8 volunteers. I'd also like to thank Council President Jack Engebretson and Councilman Joe Taylor for silting through our meeting this evering. ATTEST: James C. McCann, Chairman mgr CIN PLANNING COMMISSION Dan Piercecchi, Secretary