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HomeMy WebLinkAboutPLANNING MINUTES 2006-03-0723052 MINUTES OF THE 921"PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 7, 2006, the City Planning Commission of the City of Livonia held its 921�r Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Robert Alanskas, Acting Chairman, called the meeting to order at 7:30 p.m. Memberspresent: Robert Alanskas William LaPine R. Lee Morrow C. Daniel Pieroecchi H. G. Shane Members absent: Carol Smiley, John Walsh Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Ms. Debra Walter, Clerk -Typist II, and Ms. Marge Watson, Program Supervisor, were also present. Acting Chairman Alanskas informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM#1 PETITION 2006-01-02-01 BLUE RHINO -TAPPER Mr. Pieroecchi, Acting Secretary, announced the first item on the agenda, Petition 2006-01-02-01, submitted by Blue Rhino -Tapper Propane requesting waiver use approval to place a propane cylinder exchange rack on the exterior of the existing building at 19100 Farmington Road (Rich Gas Station), located on the east side of Farmington Road between Seven Mile Road and Clanta Avenue in the Northwest % of Section 10. 23053 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Alanskas: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated January 30, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time and the legal description is coned." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 28, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to place a propane cylinder exchange rack on the exterior of the existing building on property located on the east side of Farmington Road between Seven Mile Road and Clarita Avenue in the Northwest X of Section 10. We have no objections to this proposal with the following stipulations: Exchange rack needs proper vehicular protection. Appropriate sized and spaced bollards are required." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated February 1, 2006, which reads as follows: 'We have reviewed the plans in connection with a proposal by Blue Rhino Propane located at 19100 Farmington Road. We have no objections orrecommendatlons to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated February 3, 2006, which reads as follows: "Pursuant to your request of January 16, 2006, the above - referenced petition has been reviewed. The following is noted. (1) The locked stooge unit(s) must be a minimum of 20 feet from the building entrance and also the fuel dispensing pumps. (2) As proposed, protective bollards or guard posts must be installed. (3) The following items need attention on this site: (a) Fascia needs recoating. (b) There is an unenclosed dumpster on the site. (c) The parking lot needs repair, resealing and double striping including proper signage for the barrier free parking. (d) East will is missing trim and weather coating. (e) There is an existing ice machine outside on the north wall. (f) The 'free' air at this station requires a payment of 50 cents or 'go in and see cashier.' (g) The pump island bases need recoating. (4) The approval of this request will require a super majority affirmative vote from Council (5 of 7 approval votes). This Department has no further objections to this petition." The 23054 letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Alanskas: Are there any questions for the staff? Mr. Morrow: The tankard trucks that pull in, is it indicated on the plan where they service and fill the tanks? Mr. Taormina: Its in the northeast comer of the site, generally in this location as I'm showing on the overhead if you can see that. This is where the underground storage tanks are located. So, presumably the trucks that pull into the area to fill those are located somewhere in this area. Mr. Morrow: I just wanted to make sure that where they put the hose in to fill the tanks is outside the 20 feet. Mr. Taormina: I cannot confirm that with this information. Mr. Morrow: Maybe the petitioner could answer that. Mr. Alanskas: Is the petitioner here this evening? Would you please come forward and stale your name and address? Bryan Gardiner, Blue Rhino -Tapper Propane, P.O. Box 519, Paw Paw, Michigan 49079. We are the number one largest retailer out there nationwide. Since Blue Rhino has been in existence, we've never had a major issue relevant to the propane for explosion purposes. We've had buildings bum down, but the propane has never caused the issues relevant to that. We're looking to place the propane at this location because we've had a lot of calls for it within the community. Speedway is one of those folks that's looking to have the propane. They do have that naturally through their industry at the other Speedway locations. We do have state-of-the-art cages that we put out there. They're brand new. So cosmetics, they're stale of the art. They're very nice looking. Signage is up to code by international fire codes, and it indicates pricing on the cage itself. Other than that, its the convenience of the individuals coming through to exchange an empty tank for a full one versus that individual going to a filling station, which depending on the locations of filling stations around here, or the individuals having to go out of your own community to purchase this. Propane has grown over the years. We're seeing an increase pretty much on almost like a 10 percent every year, nationally, that propane is a widely used industry out there now that uses propane. 23055 Mr. Alanskas: Thank you. Are there any questions from the commissioners? Mr. Morrow: I'd like to follow up with what I asked the Planning Director. Did you hear the question that I had asked? Mr. Gardiner: No. I'm sorry sir. Mr. Morrow: Basically, we were discussing the 20 feet from the pump islands and from the entrance. Mr. Gardiner: Correct. Mr. Morrow: Where the tankers come in and they place their hoses in to fill the tanks, are those particular fill spots outside the 20 feet or are they within the 20 feet? Mr. Gardiner: That I'm not sure of but we could check that out. I don't really know where lheyre located. That's something that we've never ... we typically do the international fire code, which we know our fuel dispensers are 20 feet from the entrance of any doors. Mr. Morrow: The only reason I ask that is that depending on the volume the station does, fiat tanker almost serves as a fueling situation. So my thought was if there are restrictions on the pump island, two or three time a week there may be restrictions on when the hoses go in to f11 the various tanks. That was why I asked but apparently we can't address that tonight. Mr. Gardiner: No. I do not know that location. That's something I could get back with to the council here. Mr. Morrow: Okay. Thank you. Mr. Piercecchi: Good evening. Sir, since you're the biggest, how many racks do you ultimately plan for Livonia? Mr. Gardiner: For Livonia or for this location? Mr. Piercecchi: For Livonia. You're only asking for one location tonight. Mr. Gardiner: Correct. We have other.. . Mr. Piercecchi: Are you looking for others? 23056 Mr. Gardiner: We have other clients out there that are requesting it, particularly, there's two Walgreens that we have nationally. We have Murray's Auto Paris. Mr. Piercecchi: How many additional ones? Mr. Gardiner: Right now, I'd say there's probably half a dozen. It's something that's growing out there and the demand is there. So, its just depending on the .... Mr. LaPine: Is the owner of the station or anybody from the station here that can answer questions? Mr. Gardiner: Yes, there is. Mr. LaPine: Can we talk to him? Mr. Alanskas: Talk to her. Mr. LaPine: You heard the list of things from the Inspection Department that need to be fixed at this station. Are you guys prepared to do those things? Judy Regal, District Manager, 39173 Armstrong, Westland, Michigan 48185. Can you please repeat them? I heard part of them; I didn't hear all of them. So I want to make sure that if I make an agreement to this, I know exactly what you guys are looking for. Mr. Taormina: The items identified by the Inspection Department in their letter dated February 3 include the following. The fascia needs recoating. There is an unendosed dumpster on the site. The parking lot needs to be repaired, resealed and double striped including proper signage for the barrier free parking space. The east wall is missing trim and weather coating. There is an existing ice machine outside on the north wall. The free air at this station requires a payment of 50 cents or "go in and see the cashier." The pump island bases need recoaling. Those are the items identified. Mr. Alanskas: Ma'am, do you have a copy of that letter from the Inspection Department because we can give you one if you need one. Ms. Regal: Could I please get one? Mr. Alanskas: You can just call Planning and they'll be glad to give you a copy of that. 23057 Ms. Regal: Okay. Because I came prepared because the Fire Marshal came out and said he wanted certain items corrected and we had that done. So I wasn't aware of all the other conditions that you guys would like to see. Mr. LaPine: Seeing that you're the manager of the station ... Ms. Regal: I'm the District Manager. Mr. LaPine: District Manager. Okay. My problem is, I use your station. Ms. Regal: Okay. Mr. LaPine: One of the problems I have, as Mr. Morrow brought up, is about the tanker trucks. It's my understanding, and I've been at the station when the tanker trucks come in, they usually come in off of Seven Mile and come in and they go from the north to the south. Your islands are rightlhere. Ms. Regal: Correct. Mr. LaPine: Now sometimes I've seen them back in, sometimes they pull in. And that's close to where the propane gas is going to be stored. My concern is about one of those trucks backing up sometimes and banging into these tanks. I don't know that much about propane. I've been told they don't explode, but there's always this possibility. Is that the only area on the property where the tanker trucks unload gasoline? That takes care of both the pumps on Farmington Road and the pumps on Seven Mile Road? Ms. Regal: Yes. Mr. LaPine: They do. Okay. The other question I have is, I know at least two areas close by to you that sell these tanks. I dont know if they're Rhinos. Ace Hardware has them and Kmart has them. Okay? The gentleman from Rhino said that they've had calls and people want these things. Is there that much business in that area? Ms. Regal: Yes, there is. Mr. LaPine: I just can't believe that. Ms. Regal: There is. 23058 Mr. La Pine: Well, okay. That's all I have right now Mr. Shane: I have a question for the gentleman from Blue Rhino. Do you have any statistics with regard to the number of visits you might expect al this station for this purpose? Mr. Gardiner: Within a month. It's kind of hard. I'm going to say at least weekly, once a week, if not every other week, for an 18 count cage, for 18 cylinders to be exchanged. Typically, we make our movement to replenish their stock and pick up the empties when two-thirds of it is empty within that cage so they don't necessarily run out. Mr. Shane: Would you expect those visits to be mainly on the weekend? Mr. Gardiner: No. Not on weekends. Typically, during the week. It varies anywhere from 8:00 in the morning until, Speedway has stipulations, nothing after 3:00 in the afternoon. They like to have their managers there. So, we're typically from 8:00 in the morning until 3:00 in the afternoon, so we're not doing late deliveries. Mr. Shane: Okay. Thank you. Mr. Morrow: I'd like to try one more time. Perhaps the service station owner can tell me where the fill pipes are. Ms. Regal: Those are where he stated but I'm not sure whether they're 20 feet or not, so that's the part I'm unsure about. I didn't know that we had a measurement that we were looking for. Mr. Morrow: Okay. Thank you. Mr. Alanskas: I have a couple questions for the gentleman from Blue Rhino. You said that Walgreens is also looking to do this? Mr. Gardiner: Correct. Mr. Alanskas: All Walgreens in the city orjusl one? Mr. Gardiner: I believe there are two in Livonia, at least that are on our docket. I don't know if there's more than two in Livonia. Mr. Alanskas: Okay. Now in other cities, like say, Farmington, do you have olherslations? 23059 Mr. Gardiner: Farmington, yes. Mr. Alanskas: How many stations? Mr. Gardiner: In Farmington Hills? Mr. Alanskas: Yes. Mr. Gardiner: I'm going to say three, four. I think there is up to five stations. Mr. Alanskas: Okay. Thank you very much. Thank you both for being at the podium. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, a motion would be in order. On a motion by La Pine, seconded by Morrow, and unanimously adopted, it was #03-25-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 7, 2006, on Petition 2006-01-02-01, submitted by Blue Rhino -Tapper Propane requesting waiver use approval to place a propane cylinder exchange rack on the exterior of the existing building at 19100 Farmington Road (Rich Gas Station), located on the east side of Farmington Road between Seven Mile Road and Clarita Avenue in the Northwest % of Section 10, the Planning Commission does hereby deny Petition 2006-01-02-01 br the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance; 2. That the proposal is not in compliance with the regulations of the Zoning Ordinance pertaining to outdoor storage and display of products on a gas station site; 3. That the City is currently well served with similar uses to that which is being proposed; 4. That the petitioner has failed to demonstrate the need in the area for the type of commercial service proposed to be operated on the subjeclsile; 23060 ITEM#2 PETITION 2006-02-02-02 MICH. RECONDITIONING Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Petition 2006-02-02-02, submitted by Michigan Reconditioning and Fleet Services requesting waiver use approval to operate an automobile and truck repair facility at 34550 Glendale Avenue, located on the north side of Glendale Avenue between Stark Road and Fairlane Avenue in the Northwest 1/4 of Section 28. 5. That the petitioner has not adequately demonstrated that this facility is suitable and appropriate for the proposed use; and 6. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principal use of the subject property as well as other uses in the surrounding area. Mr. Alanskas: Is there any discussion? Mr. Morrow: Mr. Chairman, I would like to add a comment as to why I supported Mr. LaPine's resolution. Its nothing against Blue Rhino. It's that practically every retail location in the city potentially can have outdoor sales or ancillary sales, and our ordinances speak to regulating outdoor sales. In the past, we primarily have given outdoor sales to seasonal types of products. The type of sales that can go on outside of an establishment practically runs into infinity. We've heard tonight that potentially we'd be face with other petitions of this sort. As one commissioner, I try to limit wherever possible outdoor sales or ancillary sales outside of the normal business operation. Thank you. Mr. Alanskas: I would also like to echo the same thoughts. We have, I think, adequate places to gel propane. If this is approved, I just think we'd be having too many areas for this type of product in our city. Please call the roll. Mr. Taormina: Mr. Chairman, if you would please specify that they have 10 days in which to file an appeal. Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. The petitioner has 10 days to file an appeal on this decision in wrifing to the City Council. ITEM#2 PETITION 2006-02-02-02 MICH. RECONDITIONING Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Petition 2006-02-02-02, submitted by Michigan Reconditioning and Fleet Services requesting waiver use approval to operate an automobile and truck repair facility at 34550 Glendale Avenue, located on the north side of Glendale Avenue between Stark Road and Fairlane Avenue in the Northwest 1/4 of Section 28. 23061 Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Alanskas: Is there any correspondence? Mr. Nowak: There are five items of correspondence. The first item is from the Engineering Division, dated February 7, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time and the legal description is coned." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 8, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate an auto repair facility on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated February 17, 2006, which reads as follows: We have reviewed the plans in connection with Michigan Reconditioning and Fleet Services located at 34550 Glendale. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated February 15, 2006, which reads as follows: "Pursuant to your request of February 6, 2006, the above -referenced petition has been reviewed. The following is noted. (1) This site is currently operating. (2) This building needs a full inspection from Plumbing, HVAC, Electrical and Building Inspectors to make an evaluation of current conditions and alterations or changes since built. Permits may need to be obtained. (3) The lot area behind the building is an unpaved quagmire, yet is being used for parking. This area needs to be hard surfaced and striped. (4) The paved portion of the lot is not striped as per the original plan. All required spaces should be sized property and double striped. (5) The lawn east of the drive approach has been damaged by vehicles. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The next letter is from Apartment Services Co., Inc., dated February 21, 2006, which reads as follows: 'I am writing this letter concerning Petition 2006-02-02-02 submitted by Michigan Reconditioning and Fleet Services. I own the building to the immediate west of MR&FS and operate my business, Apartment Services Co, out of that building. I fully support their request. Since moving in last 23062 summer, they have provided a valuable service to the businesses in the area, as well as greatly improving their building's appearance. This building had been vacant for years and was beginning to look run down. 1 have only one request If it is possible to have the rear parking lot paved. We intend to pave our parking lot this year. The problem 1 have is that whenever we have a heavy rain, mud Flows from their lot to ours and plugs the sewer. 1 feel that paving their lot would solve this problem. Thank you for the opportunity to express my views in support of Michigan Reconditioning and Fleet Services' petition." The letter is signed by George LaForest. That is the extent of the correspondence. Mr. Alanskas: Is the petitioner here this evening? Stuart Durocher, Michigan Reconditioning and Fleet Services, 34550 Glendale Avenue, Livonia, Michigan 48150. I guess I would say that I believe for some reason it got misunderstood that we were doing fleet repair on our vehicles. We've been open four years, and this has just come up recently. By all means, we would like to comply with whatever your requests are and continue business. Mr. Piercecchi: I just have one question, Mr. Chairman. It also upsets me that you've been operating four years this way without a permit? Mr. Durocher: We moved from one building to this building nine months ago. When I went down to the Inspection Department, I spoke with Mr. Abrahamson when I got my original building and when I moved, and there were no issues. All of sudden theysaid, well, wait a minute, you're working with people off the street as well. Yeah. I've never held that back. I mean it was misunderstood maybe what our business was all about, but I've never told a lie or anything. I just said, this is what we do. We work on cars and trucks, and our name may have misled the inspector into believing that ilwas our own fleet. Mr. Piercecchi: Sir, would you furnish to Council a timeframe when the work will be started and completed to satisfy the deficiencies as staled in the Inspection report of February 15 of this year? Would you furnish that? Mr. Durocher: I could gel it to you. It would just be a matter of obviously whether and what not to make some of the repairs. 23063 Mr. Piercecchi: There were quite a few things that we listed, and quite a few things that I noticed when I was over there that I'm sure can be repaired. But you will furnish a timeframe to the City Council? Mr. Durocher: Sure. Mr. Piercecchi: Thank you. Mr. LaPine: Maybe I'm missing something here. Are you saying you only service your own vehicles? Mr. Durocher: No, sir. We've always worked on peoples' vehicles off the street as well as business vehicles, including the police force. Mr. LaPine: Where were you located prior to moving to this location? Mr. Durocher: 12610 Newburgh, on the northeast comer of Newburgh and Amrhein. I was one of three businesses there. Mr. LaPine: One of the biggest complaints I had when I was out looking at it is behind the building there were some trucks parked back there. It looked like there was a boat back there. There's mud. It looked like cars were driving through and you could see it was frozen over. You will pave that? Mr. Durocher: Actually, the owner of the building is here tonight and we've been talking about it and that's our plan. Yes. Mr. LaPine: That will be done within this season when the weather breaks and you can get in there and do that? Mr. Durocher: Weather permitting and when we speak to the owner of the building, yes. Mr. LaPine: I have the same complaint with your neighbor to the west. His lot is in pretty bad shape back there too. So if you both do it together, you may get a better price on the deal. Mr. Alanskas: Mr. LaPine, he says the owner of the building is here to address the paving, if you'd like to speak to him. Mr. LaPine: That might be a good idea. It's better to talk to the owner because probably in the long run you're going to pay for it in your lease. Mr. Durocher: I hope not. 23064 Mr. LaPine: Can the owner come up and answerlhese questions please. Sal Giordano, Rea Construction, 12701 Universal Drive, Taylor, Michigan 48180. Good evening. To answer your question, sir, we did talk about it and we do plan on paving the back area. Between the frost and depending on the weather, is when the asphalt plants open up. Usually it's toward the end of April. When we can gel in there and do some grading, and the neighbor is here also, we're going to try to gel a price in doing them together. We do plan on paving the back area. Mr. LaPine: Mark, when he does that, will he be required to put something in to lake the water away? How do we handle that? Mr. Taormina: He will have to provide some means of drainage. He will have to work that out with the Engineering Department when he submits his grading plan to see how to accommodate storm water management on the site. Mr. Giordano: There is a storm sewer towards the rear already. Mr. LaPine: Is there? Mr. Giodano: Yes, so I think if we pitch the asphalt to the storm sewer, it should okay. Mr. LaPine: Now, I understand you dont want to put up the fence. What's the reason you don't want it because you say you don't have any cars back there or trucks back there at anytime. Mr. Durocher: There are vehicles there from time to time. As a matter of fad, I know that somebody was by today to take a look. A fence, in all regards, is not so much that it wouldn't suit a purpose for the vehicles being stored there, its just that the way the property is separated, it would be a hindrance to my neighbor. We share a fair amount of our property between the middle and we drive trucks on low trucks through there and he drives his trucks with trailers through there. If we actually squared off that area with a fence, it would be prohibitive to get through there. Mr. LaPine: You have a joint agreement. You use the same driveway for both properties on the east and on the west side. You're on the east; he's on the west. Mr. Durocher: Yes. He's here today too. 23065 Mr. LaPine: Okay. Thant you. Mr. Alanskas: I would like to ask the petitioner, what kind of work do you do? Do you do engine work and transmission work there also? Mr. Durocher: Yes. Mr. Alanskas: You do. Okay. Because of the fad that you're on M-1 property, the noise is no issue. How many vehicles of your own — its says here that you park your own vehicles in the front in the evening? Mr. Durocher: In the evening? Mr. Alanskas: Yes. Mr. Durocher: There are no vehicles left outside. Mr. Alanskas: There's none at a11? Not even yours? Mr. Durocher: Unless I'm there. Mr. Alanskas: But I mean when you leave, there's none at all there? Mr. Durocher: No. All the way down the side of the building and the front of the building is totally empty. Mr. Alanskas: Okay. Are there any more questions? Mr. Morrow: Mr. Chairman, I don't have any questions but I think all we're doing is playing catchup here. Through a misunderstanding, the proper inspections and permits were not issued, and that if the petitioner has agreed to rectify those, as you indicated, Mr. Chairman, the business is in an appropriate area and they have a successful business. If you can correct those things, I don't see any reasons why he can't continue. Mr. Durocher: Very good. Thank you. Mr. Alanskas: I just have one question. In our letter, you have plumbing issues and electrical issues inside the building? Mr. Giodano: There are no issues. The city is just requesting that we gel an inspection to make sure thalthey're okay. 23066 Mr. Alanskas: And that will be done also? Mr. Giodano: That will be done also. OSHA has already been through the building and they're really strict on everything, and everything has been passed. Mr. Alanskas: For a good reason. Mr. Giodano: Yes. You're absolutely right. Mr. Alanskas: Okay. Thank you for both coming forward. Mr. Alanskas: Is there anybody in the audience that wishes to speak for or against this pefition? Michael LaForesl, 9816 Cranston, Livonia. I'm speaking on behalf of my father, who owns the properly to the west, and I'm also one of the partners at Apartment Services. With regards to the parking situation, from a logistics standpoint, it made more sense for us to put the parking to the side, for our trucks as well as his, like he said to gel in and out and around much easier. With regard to the fence, once again like Stuart said, putting a fence up would actually be a hindrance trying to gel trucks around into his building as well as over to our building because ilwould put cars on both sides in harms way. One final thing I would like to say is that I watched a lot of these hearings over the years. My father owns some property on Plymouth Road. I understand some of your concerns with automotive repair. I've been in my position since 1991 with a fleet of 43 vehicles. I've seen no cleaner operation that the one that Stuart runs next door in terms of the general appearance, vehicles being kept where they're kept, the outward shape of the building. It's a first rate operation and its something yoUll only be well served to keep. Thank you. Mr. Alanskas: Is there anybody else wishing to speak for or against this petition? Seeing no one, a motion would be in order. On a motion by Shane, seconded by Morrow, and unanimously adopted, it was #03-26-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 7, 2006, on Petition 2006-02-02-02, submitted by Michigan Reconditioning and Fleet Services requesting waiver use approval to operate an automobile and truck repair facility at 34550 Glendale Avenue, located on the north side of Glendale Avenue between 23067 Stark Road and Fairlane Avenue in the Northwest 1/4 of Section 28, the Planning Commission does hereby recommend to the City Council that Petition 2006-02-02-02 be approved subject to the following conditions: 1. That parking areas shall be provided which shall be sufficient in size for the parking of automobiles and other motor vehicles used by patrons and employees in accordance with the parking requirement for this use as set forth in Section 18.38 (29) of the Zoning Ordinance; 2. That an improved parking area in the rear yard, required to the extent necessary to fully comply with the parking requirement for this use, shall be surfaced with concrete or plant -mixed asphalt or a paving improvement of equivalent design as approved by the Engineering Division; 3. That all required parking spaces shall be sized properly and double striped; 4. That the existing landscaped areas shall receive needed maintenance and any portions of the rear yard not used for driveways or parking areas shall be established as landscaped areas, with proper irrigation, and all landscaping work shall be accomplished to the satisfaction of the Inspection Department and all planted materials shall thereafter be permanently maintained in a healthy condition; 5. That there shall be no outdoor storage of dismantled, damaged, inoperable or unlicensed vehicles; 6. That all auto parts, equipment, scrap material, debris or similar items generated by the subject use shall be stored inside the building or inside a dumpster or other type of trash container; 7. That the elimination of the requirement that the lot area be enclosed by a fence shall be contingent upon the waiving of this requirement by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and 8. That this building shall be required to undergo a full inspection from Plumbing, HVAC, Electrical and Building Inspectors of the Inspection Department to make an 23068 evaluation of current conditions and alterations or changes since built, for which the petitioner shall apply for any and all permits that may need to be obtained. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the subject property has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. Mr. Alanskas: Is there any discussion? Mr. La Pine: Yes, Mr. Chairman, if I may ask the operator of the business just one more question. When I went out there Iasi week for my inspection of the facility, I noticed that next to the dumpster there was a lot of debris from cars and parts and things of that nature. Do you just throw them in the back or do you have a dumpster you put those in? How is that handled? Mr. Durocher: Actually, we're working on that right now. You know the price of scrap is up. We have a plan to get rid of all that scrap and we're going to try to gel a scrap dumpster. Our business does generate some used parts. Things break and that's what we replace. We're going to gel some sort of an approved metal scrapdumpster. Mr. LaPine: Okay. That was one of the things I noticed. We dont like to gel that because it has a tendency to just pile up. Thank you. Mr. Alanskas: On that same thought, you could possibly store all that in the inside of the building? Mr. Durocher: You mean the dumpster or just the waste? Mr. Alanskas: The waste — in a small area inside the building until d can be picked up. 23069 Mr. Durocher: We could but in retrospect, ifs really going to be prohibitive for the amount of space. We do have a lot of space but we have a lot of vehicles coming in and out, and there's really not area where we could do that, an area we could sacrifice to do that. We could gel a bin and have it properly housed outside. Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM i13 PETITION 2006-02-02-03 SUNDANCE (TACO BELL) Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Pefition 2006-02-02-03, submitted by Sundance, Inc. requesting waiver use approval to construct a full service restaurant (Taco Bell) with drive -up window facilities at 19055 Farmington Road, located on the west side of Farmington Road between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 9. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Alanskas: Is there any correspondence? Mr. Nowak: There are several items of correspondence. The first item is from the Engineering Division, dated February 10, 2006, which reads as follows: "Pursuant to )our request, the Engineering Division has reviewed the above -referenced petition. We have the following comments. The legal description for the combined parcels is not connect. We have revised it below. The drive approaches to Farmington Road will require a permit from Wayne County and detention will be required in accordance with their Storm Water Management Ordinance. We recommend that the southerty radius on the Right Tum Only Drive to Fillmore be adjusted to keep the south curb line parallel to the North line thus channelizing the traffic more to the North and discouraging left turas." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 8, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a full service drive-thru restaurant on property located on the east side of Filmore Avenue between Seven Mile Road and Clanta Avenue in the Northeast X of Section 9. We have no objections to this proposal with the following stipulations: (1) Marked alley shall 23070 be posted FIRE LANE - NO PARKING. (2) Fire lanes shall be marked with freestanding signs that have the words FIRE LANE — NO PARKING painted in contrasting colors (on both sides) at a size and spacing approved by the authority having jurisdiction." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated February 17, 2006, which reads as follows: We have reviewed the plans in connection with a proposal by Sundance, Inc., in regards to the Taco Bell located at 19055 Farmington Road. We have the following recommendations: (1) The proposed sign 'right tum only' at the exit onto Filmore is not h conformity with the new 2006 MMUTCD. At this location there should be a No Left Tum sign (R3-2) on both sides of the driveway with a 'Do Not Enter' (R5-1) sign on the reverse side. There also needs to be a 'One Way' (R6-1) sign visible to traffic on Filmore. (2) Utilizing the existing parking in front of the liquor store to achieve the number of required spots is questionable, and it will create a vehide/pedestrian confiict at the entrance. (3) We performed a gap study during peak traffic hours on Farmington Road to determine the possible need forsome type oftmffic control device for exiting traffic. At this time, traffic gaps are within guidelines and no such device is needed." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated February 17, 2006, second revision, which reads as follows: "Pursuant to your request of February 6, 2006, the above -referenced petition has been reviewed. The following is noted. (1) It is unclear if the drive approach off Filmore is for egress only. Will exit only signage be posted? (2) This site would be allowed one wall sign approximately 33 square feet. All other wall signage, including window signage indicated on the left and right elevations, is excessive in number and square footage, and any square footage over 33 square feet on the front wall is also excessive. Signage as proposed would require variances from the Zoning Board of Appeals for excessive number and square footage. (3) Moreover, all logos or signage on all directional signage must be removed or also receive a variance from the Zoning Board of Appeals. (4) The barrier free parking signage/spaces must have a minimum of one, which denotes 'Van Accessible.' (5) There is a general landscape note, which specifres seeding on lawn areas instead of sodding. This should be clarified to the Commission and/or Council's satisfaction. (6) The agreement in regard to seven parking spaces at the 'liquor store' should be provided for review and approval of the Commission and/or Council. This site is going from 20 on-site parking spaces to 19 on-site parking spaces. (7) It appears that the drive serving the 23071 angle parking south of the drive thm lane is deficient in width. The drive thru lane must be 12 feet wide and the one -my lane serving the parking must be 16 feet wide. If this cannot be corrected, a variance must be obtained from the Zoning Board of Appeals for this deficient width. (8) As this building is being demolished, this proposal will also need a variance from the Zoning Board of Appeals for deficient front yard setback. Sixty feet is required and 46 feet is proposed. (9) There is also a parking deficiency due to the drive thm. Two additional spaces, beyond the minimum specified, are to be provided and are not. Therefore a variance from the Zoning Board of Appeals for deficient number of parking spaces will be required or a super majority (5 votes) of Council must approve this deficiency. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. I would like to acknowledge that there was a letter submitted by Eric Rauch, Desine, Inc., dated March 1, 2006, in connection with the revised site plan which references the items in the departmental letters. The petitioner has corrected some of the items that had been deficient. That letter is in your packet. I would like to acknowledge receipt of a second letter from Eric D. Rauch, Desine, Inc., dated March 6, 2006, pertaining to decibel levels for the speaker post, to which is attached a letter from the manufacturer of the speaker post with respect to decibel levels at certain distances from the post. This item is also in your packet. There is also a letter from the property owners on Westmore, which is close to this pefition area, dated March 4, 2006, which reads as follows: "This letter will serve as our petition to the City of Livonia Planning Commission on behalf of those not in favor of the expansion of the Taco Bell Restaurant located at 19055 Farmington Road. We feel very strongly that an expansion to include a drive-thm window will not only deplete property values but will also negatively affect the quality of life of those residents Irving near the restaurant. A drive-thru will require additional lighting and undoubtedly increase the number of vehicles in the area during what is expected to be extended hours of operation. The sheer volume of additional vehicles and people in the area will create congestion, noise and infringe on the quiet and inactivity that residents currently enjoy in the off - hours of operation. We have resided at this address for almost 14 years. We have frequented the Taco Bell in question many times over that period of time. At no time did we ever not visit because there was not a drive-thm window. In conclusion, it is quite apparent to us that the qualities that we cumently enjoy as residents of Livonia would be extremely compromised with an addition of a drive-thru. The influx of traffic, congestion, 23072 extended hours of operation, increased lighting and increased levels of noise would not be acceptable to the residents of the area." The letter was signed by Quentin and Pamela Laszyca, 19007 Westmore. That is the extent of the correspondence. Mr. Alanskas: Are there any questions for the staff? Mr. LaPine: Mark, is this new Tam Bell building smaller or larger than the new one we approved on Merriman Road just north of Plymouth Road? Mr. Taormina: I'm not sure of the actual comparison. We don't have that information but the proposed Taco Bell on Farmington Road is a slightly smaller restaurant. As I recall, the Taco Bell on Merriman Road had 50 to 60 interior seats. Mr. LaPine: Are the building materials and design of the building the same as the one on Merriman Road? Mr. Taormina: I'll lel Mr. Nowak respond to that. I think we made some changes as it pertains to that building. If you will recall, we increased the percentage of masonry on that design, but go ahead, Mr. Nowak. Mr. Nowak: Yes, the Merriman Road building has brick up to the height of about six feel above grade, with the balance of it being stucco. This building on Farmington Road will have the cultured stone up to a height of three feet above grade all around the building. Mr. LaPine: Okay. Thank you. Mr. Alanskas: Is the petitioner here this evening? Eric D. Rauch, Desire Inc., 2183 Pless Drive, Brighton, Michigan 48114. Good evening. I'm here tonight on behalf of Sundance, Inc., who are franchisees for the Taco Bell Corporation throughout the southeast Michigan area. Also with me tonight is Rick Eccles, Properly Manager for Sundance, Inc. Mark, if you don't mind, could you put up the proposed zoning presentation. The very first one you used in your presentation. The subject parcel is located at 19055 Farmington Road. It is currently .48 acres in size. It was constructed in 1982 and no longer meets the current specifications published by the Taco Bell corporate office. The Taco Bell Corporation has issued an ultimatum to all of their franchisee holders nationwide, and that is that they must update all of what they refer to as their mission style 23073 restaurants. Those are the restaurants constructed in the '80's that have the three arch windows in front and the clay roofs. All franchisees must update their existing mission style restaurants to the current building prototypes and site specifications prior to a renewal of that franchise right for each particular site. With that said, this particular site comes up for renewal this fall. If improvement to meet corporation specifications is not made, it will have to be closed. The subject parcel is zoned G2, which does peril a full service restaurant with the waiver use requirement. The existing restaurant has dine -in and carry out service and would be required to add a drive-lhru to meet corporate standards. However, as you look at the existing property, it's got this odd, what I refer to as an Oklahoma shape to it, and its not conducive to site features for our proposed use so we can get traffic circulation in a counterclockwise direction throughout the site to meet both corporate and city standards. With that said, to make improvements that can meet corporate and city standards, a confingency agreement for the purchase of the property at 19036 Filmore has been made. Could you go to the proposed site plan presentation? The proposed development would demolish that existing house and use less than half of that properly for site features related to the Taco Bell. The proposed site would have parking for 27 vehicles. We're actually able to gain one more spot by moving this dumpsler location east. We recently moved that dumpsler location per comments through public hearings and throughout the municipal process because, and rightfully so, there was concern about the dumpster location in that very southwest corner. So we moved it east to get it a little further away from the residents. Additionally, there's quite a bit of landscaping proposed for his site as you know and well over double of that required. There's quite a bit of landscaping proposed in the middle island here along the front. You can see landscaping beds and ornamental trees, and right here there is a knee wall proposed as you can see at the bottom. This knee wall would be about two or three feet high. As we traveled through the community, we found this to be a feature that we see on a lot of your sites in the City of Livonia, so we decided to incorporate that imaging that the City has or has adopted within our site. So we proposed this two to three foot tall knee wall. It would be red brick to match similar brick styles throughout the city. It would incorporate our signage, have a limestone cap on lop, and of course decorative two foot by two foot ends on it. So we really tried to incorporate site features that we see throughout your community, particularly on the front. Likewise, the screening wall along the western and southern portions of the property 23074 here would be about five foot tall, and there is some communications. We can certainly make that taller or shorter as requested. Again, red brick with a limestone cap and decorative ends on it. Currently, traffic along Filmore Avenue has four traffic functions. It has left and right tum ingress and left and right turn egress. We'd limit those four functions cumenfly to one function, to egress right turn only. So currently, patrons into the Taco Bell from time to time cul through the residential portion of Filmore Avenue to come into the Tam Bell. They would no longer be able to do that. Likewise, from time to time, patrons into the Taco Bell lake a left tum onto Filmore to travel down through the residential portion. Again, they'd no longer be able to do that. All traffic onto Filmore Avenue within our site would have to egress right towards Seven Mile Road. That is certainly an improvement in traffic for the residents along that stretch of Filmore Avenue. Likewise, along Farmington Road, that would be limited to nghl Tums only, and that came about through public hearings and public comments throughout the city. That's something that was suggested to us and are certainly glad to abide and make this aright turn only onto Farmington Road. Mark, do you have an artist rendering in there, if you don't mind. To limit the effects on the adjacent properties, as I previously mentioned, the site will have this five foot tall screening wall, all red brick, limestone cap. It looks real nice and has that timeless character to it. A wall within itself though can be somewhat obtrusive because it can be a large mass. So we've proposed arborvitae, spaced five feet on center, all the way along Filmore Avenue and then back about halfway into Filmore Avenue. The existing conifer trees, which have been there probably 35 — 40 years, very mature, would be preserved, and we'd place four or five larger canopy trees in there, such as Oaks or Maples, to help fill in this open space. There's a 50 fool wide open space proposed between this screening wall here and the next adjacent resident to the south. Additionally, something that you can see on the pictures up front here, there's some inadequate screening there currently that comes right up to the edge of the sidewalk, which is our property limit. We have moved our site improvements 10 feel east, so now there's an additional 10 feet of buffer strip that currently the residents don't have along Filmore Avenue. That additional 10 feet, along with our significant improvements to the screening wall, and also the significant amount of landscaping, which includes those arborvitae, also includes some flowering ornamental trees and ground cover, should really make a real nice appearance along there, not only to buffer light and sound pollution but really looks aesthetically pleasing too. All these 23075 spaces, this 10 foot buffer and the 50 foot wide open space would be irrigated, mowed and maintained on the same weekly basis that the Taco Bell would be by a professional landscape company. So everyone can rest assured that it will be taken care of, weeded and look nice at all times. The closest any resident will be to the Taco Bell screening wall is approximately 75 feet. It's a little hard to see, but its 75 feet from the edge of the residents to the south to the screening wall. Currently, it's 23 feel from the current screening wall for the Taco Bell to the existing residents to the south. It's 23 feel. That's an increase of 52 feel in distance between the existing residents and our buffer wall. Likewise, the existing Taco Bell building is 85 feel to the corner of the existing residents to the southwest. That would increase to 123 feel, or an increase of 38 feet from the proposed building to the end of the next adjacent parcel to the south, the closest residence to us. So there's an increase of 38 feet between the buildings and the next adjacent residential use, and an increase of 52 feet between the screening wall itself and the next adjacent residential use. So we've increased not only the buffering, not only the landscaping, but we made significant improvements to the distances between the existing residential uses and the proposed commercial use. Could you go to the sound level presentation? Over the last few months as we've gone through this municipal process, there has been a lot of concern about sound and rightfully so. You have in your packet a letter from the manufacturer of the speaker post, which explains decibel levels and helped explain it to me really. The speaker post proposed would have what they call an order confirmation board. In other words, as you make an order, its listed on a screen and it helps eliminate some of the communications between the person ordering and the person in the building. Additionally, the volume of the speaker post can be controlled. It can be one level during the day. It can be separate levels in the evening and nighttime hours, and certainly we would do that considering the proximity to the residents. When you look at decibel levels for the speaker post, the manufacturer limits the highest maximum decibel level that can be to 70 decibels. Now, decibels decrease by six every time the distance away from that source is doubled. So 123 feet away to the existing residence to the south, that 70 decibels will be reduced down to 40 decibels, and that is the worse case scenario. Now at the evening and nighttime hours, we can reduce that level of 70 decibels at the speaker post, down to say 60 decibels. So that in turn reduces this down to 30 decibels. It's a little hard to read, but if you look at the chart to the side, 40 decibels is comparative to a quiet library. That's what they 23076 compare it to. Thirty decibels is considerably better than that. All these decibel levels are how they diminish through thin air. They do not even take into account the proposed objects between us and the existing residence to the south. So at the speaker post here, there would be a car in front of it. There would be another car parked on this angled parking spot. We have a five foot tall screening wall, proposed landscaping, and there's an existing barricade wall right here. There are five objects in there, and speaking with the speaker post manufacturer, they insisted that certainly you can expect 10 or 15 decibels to be diminished off of that. So we're looking at decibel levels of 20 or less, and the human ear starts to hear decibel levels at 20. Twenty decibels is explained to be the noise level within a TV studio, which of course without those speaking to the audiences is nothing. We've really tried to account for this and control the volumes on the speaker posts and present something that provides a lot of buffering for light and sound and provides larger distances between what the current existing site has versus our proposal. In 2000, Hunts Ace Hardware received approval from the City of Livonia for the request to rezone residential properties so that they could expand their parking lot. That's actually just three streets down, three blocks down. When you look at it, it's offset from Seven Mile. It's actually in the same location as we're proposing our improvements. We're proposing 6,000 square feel of improvements. That's it. Six thousand square feel. And like Hunts Ace Hardware, our improvements include parking and drive aisles. Additionally improvements, that Hunts doesn't even have that we do, of course include this screening wall here and the 50 fool wide open space and the additional 10 foot wide buffer strip along Filmore Avenue. Sundance, Inc. are very experienced developers who understand the importance of being a responsible neighbor. In fact, ever since the owner has owned this particular property, they received on average 1.87 disturbing the peace calls per year, and that's per the aty's police records here at Livonia. So that's less than two disturbing the peace calls per year on this particular site. My company, we've worked with Sundance, Inc. for seven years now. Over the last three years, we've done 22 projects in 22 different communities. The corporation is forcing the franchisee to make improvements to the Taco Bell or it will be closed. What would be left is a piece of property with an odd geometry to it, with a building on it that's obviously an old Taco Bell. The windows would be boarded up. The site lighting would no longer be turned on at night, and certainly we wouldn't spend much time taking care of it. So, really the City needs to make a 23077 decision on whether or not they want a business that's been operating on this site 25 years to make an improvement of well over $1 million or do they want to see this building boarded up, shut down and lights out. Thank you. Mr. Alanskas: Are there any questions from the Commissioners? Mr. Shane: Could you bll me how much the drive lhru facility will increase the business on your site in terms of the number of cars? Richard Eccles, 7915 Kensington Court, Brighton, MI 48116 Mr. Alanskas: And you are the franchisee? Mr. Eccles: The properly manager for the franchisee. Probably increase in traffic 1510 20 cars an hour at its peak. Mr. Shane: And the percentage your business will increase? Mr. Eccles: Il would probably increase by a third. Mr. Morrow: Along those same lines, can you tell me your current hours of operation and the projected hours of operation should this petition be approved? Mr. Eccles: I believe we're open until 1:00 a.m.; the dining room is open. Mr. Morrow: Currently? Mr. Eccles: Currently. Most of our dining rooms with drive-thms get closed at 10:00 with the drive thru open to, during the week, 1:00. On weekends, Friday, Saturday, some stores Thursday, Friday, Saturday, until 2:00 a.m. We have a store in Jackson that's opened until 4:00, but that's very rare. Mr. Morrow: That was coming kind of fast. So you're saying the dining room now stays open until 1:00 a.m.? Mr. Eccles: Yes. Mr. Morrow: Under the new one, how long would the dining room be opened? Mr. Eccles: The dining room would be open until 10:00. Mr. Morrow: Until 10:00 p.m. And the drive lhru would be opened until .... 23078 Mr. Eccles: During the week, 1:00 a.m. On weekends, we'd be open until 2:00 a.m. Mr. Morrow: And that's in the morning. Mr. Eccles: Yes. Mr. Morrow: And based on that, you figure about a 33 percent increase in business overall? Mr. Eccles: Yes. Mr. Morrow: I'm assuming that the parking you negotiated with the Wine Castle would be for employee parking? Mr. Eccles: Yes. Mr. LaPine: I have a number of questions. Run me through this. Now, someone coming from the west on Seven Mile Road, subdivisions to the west of that, comes down Seven Mile Road and they want to go to the drive lhm. Can they come in off of Filmore and gel to the drive lhm? Mr. Eccles: No, they cannot. Mr. LaPine: So they have to come up Seven Mile Road to Farmington, turn right, and then they come to the driveway that's now a double driveway basically for the Wine Castle and for the Taco Bell. Is that correct? Mr. Eccles: Correct. Mr. LaPine: Okay. Now, we've got cars lined up on Farmington Road trying to make left hand turns off of Farmington Road going west on Seven Mile Road. I live in this area so I know it very well. I've been stuck there. I get in a line and I think I'm going to be there, and there's three or four cars waiting to get in. Its a mess. Now, let's assume that a guy goes in here. He came from the west, and he came around and he got in here. He went into the line to gel his carryout. When he leaves, he wants to go back down Seven Mile Road. He can't make a left hand tum. Is there any crossover in the front of this building so he can go back out there, come back to Filmore, gel out to the Seven Mile Road and make a left hand turn to go west? 23079 Mr. Rauch: That's a good point. In fad, our previous site plan did have a cross access between here. It was eliminated due to some people had some concerns about what that would do to this particular area though, as far as congestion. So due to public comment and comments from Council, we removed that cross aisle. Mr. LaPine: To me, it's so inconvenient for somebody coming from the west who wants to go in here for the drive thru, he has to come out. He has to turn to the south, probably go up a couple doors and make a U-turn in one of the other businesses there, and go back out to Seven Mile Road. Or, and I was just out there the other day and watched them do it. The one way street, one way coming out, the one way going into the Wine Castle, people were coming out there and making a left hand tum. It says one way in, but they take the one way out. There's no way you can control that. Mr. Rauch: Where al? I'm confused. Mr. LaPine: Up here. Okay. Its a one way going in. Mr. Rauch: Correct. After the building here, it's one way. Mr. LaPine: They came out from the back of the building. They came right out here to Farmington Road and made a left hand tum. Mr. Rauch: Patrons of the Wine Castle? Mr. LaPine: I don't know who they were. They could have been from your place for all I know. Mr. Rauch: But they can still egress right here. Mr. LaPine: They can? Mr. Rauch: They can. Mr. LaPine: The sign says exit only, it's pointing out. I mean entrance only. Mr. Rauch: Here? Mr. LaPine: Yes. Mr. Rauch: That wouldn't be there then. The function of this drive would not change. 23080 Mr. LaPine: I'm going to be honest with you. When this Taco Bell was proposed years ago, I voted against it. I didn't want it there because of the fad that the Wine Castle was there first and it created a problem with traffic. In my opinion, it still creates a problem with traffic. If the Taco Bell was on the corner, and the Wine Castle was where you are, it would be a better to have the restaurant on the corner than on an inner lot. The other problem that I have, I'm not in favor of commercial developments going into residential areas. Why the guy is selling this house, I have no idea unless the price is so high that he couldn't tum it down. That's a beautiful home. Have you seen the home? It's a beautiful home. Why would anybody want to sell the home unless he was getting an extraordinary price for it is beyond me. At this point, because of the traffic problem that I foresee that this is going to create, I just can't in good conscience support this proposal. I'm sorry. Based on the fad that I opposed it originally, I opposed the Taco Bell when it went in their originally, and nothing has really changed my mind. Mr. Piercecchi: Sir, what's to slop the cars coming off Seven Mile Road and going down Filmore from entering this site? Mr. Rauch: We're going to have signage on both sides of there. Mr. Piercecchi: Signs, you know ... are these enforceable signs? I doubt it. Mr. Rauch: That's true for any street. Who enforces it is the city. That's true for any street sign. We have done everything we can do from a traffic safely standpoint. We've got signage on both sides. We've got no left turns. We've got geometry that forces them to the right. That's going to be true for any site. You can make that argument for any entrance. Mr. Piercecchi: You're not letting me talk here. I have some questions here. Are you saying its impossible to go north on Filmore and enter that area? Mr. Rauch: To come from the north? No, I'm not telling you it's impossible. Absolutely not. Mr. Piercecchi: Why is it impossible? Mr. Rauch: I'm telling you it's not impossible. Mr. Piercecchi: Pardon me? 23081 Mr. Rauch: It certainly is not impossible. Mr. Alanskas: He's saying it's not impossible. Mr. Rauch: Its not. I absolutely agree with you. Its not impossible. Mr. Piercecchi: I'm very concerned about traffic. Mr. Rauch: From a traffic standpoint ... Mr. Piercecchi: You made a good point when you talked about your speaker noises, but what about the car hom noises and things of that nature? Mr. Rauch: These are existing site conditions that have been there for 25 years. Patrons come in, park on the site, and I do understand that from time to time there's a boom box that might be loud or something of that nature. But we've been operating there for 25 years. When you look at the assessing data, a lot of the residents moved in after that. These are existing features. We're certainly trying to lake those that we've improved .. . these improvements that we're trying b make and cut down from not only those potential nuisances by adding the drive thm, but taking what we have for existing nuisances and trying to limit them as much as possible. Mr. Piercecchi: You mentioned that this operation has been in effect for 25 years. I think it's a crime that Taco Bell would do this to a customer who's been with them for 25 years. I can't believe there's no grandfathering or that in any of these contracts. I think its really a crime that Tam Bell would do this to a guy, and put the burden on the city to put in a site which isn't really designed to handle a drive lhm. If it was, you wouldn't have had to buy a 100 fool lot on the south so you can take care of parking and things of that nature and go through a lot of the gyrations. That site is loo intense. I'm very concerned about property values, safely, all those things, for the people on that street, and the whole neighborhood. I think it's really a crime. When you go back to corporate headquarters, I think you ought to tell them that they should do some grandfathering. Mr. Rauch: If you don't mind, I do want to touch a little bit on the traffic. We've supplied to you a traffic impact study that does slate that traffic along Filmore Avenue in that residential district is going to 23082 diminish quite substantially because we've limited three out of the four traffic movements. Mr. Piercecchi: How is ilgoing to diminish? Mr. Rauch: What's going to diminish? Mr. Piercecchi: Isn't a great deal of the traffic on Filmore? Mr. Rauch: The traffic created by Taco Bell is going to be diminished. So we've improved the condition of the traffic created by Taco Bell onto Filmore Avenue as supplied to you in a traffic engineering study by a professional. Mr. Piercecchi: Its still the same old story of putting five pounds of coffee in a two pound can. That philosophy was mentioned in one of our study meetings, but I'm very concerned about the property values, traffic hazards, all those things. It's a very lough decision to make here because of 25 years of occupancy of the site, but the site just does not work. Mr. Rauch: With removing that one home, we've increased the distance between the properly lines and the next home. Mr. Piercecchi: We could even double that distance by buying the next lot. Mr. Rauch: What is the value ... Mr. Piercecchi: I don't want to debate with you. Mr. Rauch: What is the value of that home right now being so close? Wouldn't the value of that home be devalued a certain percentage because it is so close to the Taco Bell? Where now, if you have a home that is 82 feel further away, aren't you improving the neighborhood? You've taken away the home that's been devalued because it is so close or the house across the street that is dose to an alley. Do you think it's worth as much as one in the middle of the block? No, its not. Mr. Piercecchi: I don't wish to debate with you. Mr. Alanskas: Thank you, sir, for your thoughts. Mr. Piercecchi: But let me say this. If you want to double the distance, buy the next lot. 23083 Mr. Morrow: A lot of the things I wanted to say was covered by Mr. Pieroecchi but 1, loo, feel troubled that a very successful corporation like Taco Bell would mandate either do it our way or we're going to remove your franchise. I can't believe this is the only franchise across the country that's faced with this dilemma. So the dilemma we face as the city is, here's a viable operation that's coming in. They're expanding their business by 33 percent but they have to do it with a waiver petition. The reason it's a waiver is because of an intensified use. As one commissioner, I would love to see that business stay there in its present form rather than open it up to this additional traffic, hours of operation on weekends and encroach upon the neighborhood. You've done a fantastic job on the site plan as it is. You addressed a lot of issues. The only issue that remains is the intensified use and how it affects the city as well as the neighbors from a traffic standpoint and from a quality of life standpoint. Those are my comments. Mr. Alanskas: I would like to make a few comments. Number one, you've done a good job of trying to make that traffic go away from Filmore. However, when you say you're going to increase your business by at least 33 percent, that means you're putting 33 percent more traffic on Seven Mile and Farmington Roads, and that's a mess already. Like Mr. Morrow said, you've done a grealjob in trying to do what you can to make this building work, but unfortunately, in most of our minds, it's not going to happen. Thank you. Mr. La Pine: I'd just like to say you've done a really nice job making the presentation, really a nice job. A lot of the points you made are valid points. But the point still remains, in my opinion, the biggest obstacle is the traffic problem at that intersection. It has been a problem for years. There's more building going on along Seven Mile Road to the west of it, and the situation gels worse every year. I've lived there for 26 years and I Iknow what I'm talking about. The other point I want to make is, I don't think its fair to the people living in that area who bought homes, even if they bought their homes after Taco Bell was in there. They realized Taco Bell was there, but for one homeowner to come along now wanting to sell their lot to take a commercial establishment and move it further into the residential area is wrong. If you lived there for years and you didn't want to move, you would probably be upset if you lived there because somebody wanted to sell a residential lot for a commercial development. Its wrong, and I don't think the residents who live in that area should have to suffer. 23084 Mr. Alanskas: Is there anybody in the audience that wishes to speak for or against this petiti on? Roger M. Cole, 19018 Filmore. The neighborhood and I would like to keep our neighborhood a good place to live. A drive-thru on this site is not good for the neighborhood. The seven fool wall around this location will not stop the noise from traveling into the neighborhood. Between the party store building and a seven foot wall, the noise from drive lhru speakers and audio boom boxes will echo into the neighborhood until the early morning hours. A 50 foot buffer zone, with landscaping, will not help the noise problems. A 50 foot buffer zone will be a place for people to hang out. At the present time, Filmore Street and its residents enjoy peaceful and crime -free surroundings. I will lose privacy and my right to peace and quiet as a homeowner if this properly is rezoned. The owners of Taco Bell say if they cannot build a drive-thru at this location, the building will be abandoned. They claim that this is a hot location. Well, I think that other businesses would like to build on this location loo. I think that taking down a home to build a drive thru is not good for the neighborhood or the city. Michigan Heritage Bank was denied a drive lhru on their location. We would like the same consideration on our location too. I am against the rezoning of 19036 Filmore. Thank you. Mr. Morrow: How close are you to the Taco Bell? Mr. Cole: I am the second house on Filmore. Mr. Morrow: From the east or west side? Mr. Cole: That would be the east side. Well, I'm right next door to 19036. Mr. Morrow: The one they're removing? Mr. Cole: Yes. Mr. Morrow: Now, tell me what you meant by boom boxes. Mr. Cole: Well, I've lived there for 14 years and there's been people in the parking lots with their music. It's real loud at times at night or early in the morning, because I work early in the morning. I work at Ford Motor Company. I would just like to have a peaceful neighborhood. 23085 Mr. Morrow: That is something I hadn't thought about, the fact that if you're experiencing it now, and I assume that's probably a bigger concern than even the drive -up window or the speaker that's there. I know just driving down the road I hear a lot of loud music and my windows are closed. Mr. Cote: Right. Mr. Morrow: Anyways, I just wanted to know how close you were and if that was a consideration. Mr. Cole: My property line would be about 50 feel away from their proposed wall. Mr. Morrow: And you have experienced boom boxes in the evening? Mr. Cole: Yep. Mr. Morrow: Okay. Thank you. Therese Frey, 32511 Wisconsin. We went around and look some digital pictures of old buildings, old Taco Bell buildings. They're saying that no one would buy that property, and I have five different locations of different Taco Bells. One is a Quiznos. One is LaShish. Someone would buy that property if they put it up for sale. I just wanted to say that and submit this so that you could lake a look. Mr. Alanskas: We'll take that for our records. Thank you very much. Karen Greenwald, 19007 Filmore. I live directly across the street from Mr. Cote. What I have done, I have resources for each of the members concerning the decibels of sound that will be occurring from boom cars, boom boxes, exhaust and from people loitering outside of Taco Bell. So I'd like to pass those out. And very briefly, I'll just go through what I have in these packets. First of all, according to Patrice Thomas who wrote an article on the boom box car noise, she said, number one, noise is defined as unwanted sound although there are many kinds of sound. There are many types, and they are especially dangerous to the health and safety of the public. Noise is the number one reason that people move out of an area. And the Citizens for the Coalition Against Noise Pollution state that all over America, families can't sleep at night, and if they're going to be open until 2:00 a.m. and we have boom boxes coming through, we're not going to be able to sleep. It's not just the sound. It actually is the physical pressure of that sound that is going to permeate. I 23086 don't Gare what kind of buffer they put down. There are four different types of frequencies. There's an ultrasound, which is the lowest level that a dog can hear. There's the normal level of hearing range that we hear during normal conversation. There's low fequency, which is a 50 hertz or lower or infrasonic sound, and that's at the real low, low, low level, but it still impacts us. Okay? I don't care how big of a buffer zone they put, we're still going to have people coming through at 2:00 a.m. and they're going to be using their vehicles to blare their music. Also, there's the infresound, and that is at a 20 hertz and that actually becomes very dangerous to people because it affects us physically. What it does is, it actually builds pressure in our bodies and we are not able ... Mr. Alanskas: Ma'am, I'm going to give you three minutes. Ms. Greenwald: I'm sorry. So, I'd like to ask you to just look these over and what I'd like to just say, people also will be coming through with their modified exhaust systems and that is a harsh noise. Again, that will permeate any bene or barrier that they provide. Basically, the main thing here is that we will be affected not just physically, but emotionally, psychologically, emotionally. And frankly, if this goes through, I'll move. Mr. Alanskas: Thank you. It would have helped if we would have had this presented to us not at the last minute. Ms. Greenwald: Oh, I'm sorry. Mr. Alanskas: Its all right. But thank you for bringing it in. Ms. Greenwald: Sure. Mr. Alanskas: Who's next? Gloria Kildani, 19301 Filmore. I just wanted to make a comment myself. As one of the committee members had said, that it is an older neighborhood and with the new design of the Taco Bell, to me, i's going to look like a sore thumb. It just doesn't look like it will fl in. Mr. Alanskas: Thank you. Edward J. Zelmanski, Esq, Alexander, Zelmanski & Lee, PLLC, Plymouth, Michigan. Good evening, gentlemen. I'm an attorney. I represent Roger Cole, a resident who has also spoken to you 23087 this evening. He lives on the east side of Filmore in the second house south of the Taco Bell site. I have to say I feel like I'm preaching to the choir tonight, because I think that this commission, in the first instance, with regard to the rezoning proposal, voted unanimously to turn it down. Based on the concerns that I've heard you voice, I thought I was projecting my thoughts up to the commission here because you asked the questions that I thought of asking and you made the points that I thought needed to be made. There are two things that I need to point out and that is that they've done a fine job of presenting this, of trying to make a 10 pound taco fl into a one pound taco shell. It just ain't working. But in doing that, there are some things that bother me. One thing is, when the plan was first presented this evening, it was mentioned that the setback off of Farmington Road preserves the existing setback of 45 feet. However, the building is going to be torn down and a new building constructed, and so in all honesty, the fact of the matter is, that is a nonstandard setback. The setback requirement is 60 feel. So it's presented like we're going to keep it the same. Well, it's going to be kept the same because it will be torn down. If the building wasn't being torn down, I suppose they could sustain the non -conforming setback. But to portray it that way, I dont think was being totally honest with the Commission. There is another factor that really bothers me, and I don't think you were presented with the facts on this. I think you look a look at il, but if you could show the site plan, Mr. Nowak. One thing that was presented with the site plan at the Iasi council meeting, if you look at the northerly entrance off Farmington Road, what is obviously not there now are the directional arrows. That was set up initially, their plan called for that alley to be one way. Everybody around here, all the neighbors around, have registered their opposition. Wine Castle has remained somewhat neutral. When the Wine Castle found out that the alley was going to be one way, Wine Castle protested vociferously. Nick Ioannow, with whom I have spoken as a proprietor there, and he said, no way. I won't go along with this unless I have two-way traffic in the alley and ingress and egress in that northerly entrance on Farmington Road. So the arrows presented to the Council showed both ways there. You come in and out from that northerly entrance. The southerly apron is for egress only unless theyve changed that. But I dont know that you've been really given an accurate account of the kind of gerrymandering they're doing to try and please everybody. And it cant be done. I think everybody knows there are huge traffic problems there. But Wine Castle says his clientele has to be able to use that alley two ways on the eastern end and his traffic has to be able to exit left onto Farmington Road. That's keyhole suicide. There's only one entrance into the Taco Bell. That one way for ingress is that northerly part. A lot of ways for you to leave, but only one way to gel in. If you look at the traffic problems, what about emergency vehicle access? You've got one way in. If you look at all the concerns that the different departments voiced, there has to be a fire lane with no parking in that alley. Delivery trucks are parked there frequently. Il just is incompatible with what's going on. Mr. Alanskas: Sir, you have one more minute. Mr. Zelmanski: Right tum only out of the alley, vehicle/pedestrian conflict, the alley needs to be 16 feel wide. Its only 12 feet wide. Again, it's a 10 pound taco in a one pound shell. Iljusl don't work. Mr. Alanskas: Thank you. Are you with the petitioner? Amy Casebere, 19036 Filmore Avenue, Livonia, Michigan 48152. No. I'm a homeowner. I felt like I should speak since my right as a property owner and my judgment was in question. My husband and I, who's home with our child right now, chose to sell our properly not for pure financial gain. Obviously, there is a financial gain whenever you sell a property or else you wouldn't sell a property. But we also felt that it was an improvement to the area. We do hear the noise next door, and when we do hear the noise, we promptly call the proper authorities and its taken care of. I feel that if a drive thru is there, being a high school teacher, teenagers are not going to hang out where there's people driving through constantly. Its just when they can't away with stuff if there's people constantly going through. So this is my personal opinion. I feel that loitering would definitely be decreased with the drive lhm. I know you guys feel how you feel so I just wanted to stale that our personal reasons for selling the property were. We fell it would be an improvement to the area with a new structure instead of the outdated one, with landscaping all the way around, which there is barely any now, with the movement of the dumpslers, there was great improvement to the area. The traffic on Filmore would definitely be decreased. So as a resident of the area, that is why we chose to sell the property. Mr. La Pine: Can I ask the young lady a question? Ms. Casebere: Sure. 23089 Mr. LaPine: Did you try to sell the house as a residence? Ms. Casebere: No, we have never put our house on the market since we've owned it. Mr. LaPine: Maybe you could sell it. Maybe somebody would care and would like to live there. You've got a beautiful home. Ms. Casebere: Yes. And that's why we live there now, but I'm saying if someone, if an outside person came to purchase our home ... someone came to us. So it's not like we sought out Taco Bell and said, oh, we want to sell, we want to sell. I mean that wasn't the situation, but when we saw the plans, we thought it was an improvement to the area. If it were some shady place going in there or something, my husband was born and raised in Livonia and graduated from Stevenson High School. You know, we are raising our family in Livonia, so I would not do something that I fell would be detrimental to the community, and I just fell like I should defend my actions. Mr. LaPine: Let me ask you a question. Ms. Casebere: Sure. Mr. LaPine: You say you're a high school leacher? Ms. Casebere: Yes. Crestwood High School in Dearborn Heights. Mr. LaPine: A lot of kids drive cars today, right? Ms. Casebere: Yep. Mr. LaPine: Do you ever see any of these kids when they have the radios on in their cars blasting? I can be at a red light and have my windows up, and I can hear teenagers blaring their radios. Now, what's going to stop those people from going here to this drive thru? Ms. Casebere: It's moving, is the point. It wouldn't be moving with a drive-thru? I'm saying right now, they hang out there because the back area is an area where they can hang out because there's no one there. Mr. LaPine: I'm not saying that. I'm saying they're going to be playing their radios while they're waiting in line to get the food. 23090 Ms. Casebere: Thatwon't be for 15, 20 continuous minutes. Mr. La Pine: Do you know that for a fad? Ms. Casebere: Well, a drive thm, yeah. They cant sit there in the drive thru. Mr. LaPine: Why can't they? They have to wait. They order food. Ms. Casebere: They have to wait. Once they gel their food, they have to exit because ofthe cars behind them. Mr. LaPine: I understand that, but how long are they going to be in the line? Ms. Casebere: As quickly I'm sure as Taco Bell can get them through. Mr. Alanskas: Okay. Thank you. Mr. Morrow: I just have one more question for the young lady. Ms. Casebere: Sure. Mr. Morrow: When you said you called the property authorities, who was that? Ms. Casbere: We called the Livonia Police Department. And I'm sure that 1.87 is us. I have a newborn child. If it were a continuous problem, she's six months old, I wouldn't live there, but literally, we haven't called since she's been born. Mr. Morrow: Well, I'm back to one of my favorite words, and that's dilemma. If we increase this business with a drive lhru by 33 percent ... Ms. Casebere: Oh, l understand. Mr. Morrow: We dont want to burden the city with a lot of calls to the police department. Ms. Casebere: That was my point. With the essence of a drive-thm, patrons coming in and out, there's less congregation, is what my point was. Mr. Morrow: But we still have the dining room there. Ms. Casebere: A congregation outside. 23091 Mr. Morrow: I just wanted to make that point. I was hoping you were going to say you called the management at Taco Bell, not the police. Ms. Casebere: No, because the management of Taco Bell isn't responsible for students. Mr. Morrow: If it was the police, we're thin enough in the traffic patrol as it is and we don't want to increase the burden. Ms. Casebere: The ordinance that is posted outside of Taco Bell is a Livonia city ordinance, not a Taco Bell ordinance, with the no loitering sign so that's why I called the City of Livonia, not Taco Bell. Mr. Morrow: Well, you did the right thing. Mr. Alanskas: Thank you for coming in. Mr. Rauch: I did want to touch on a few things that was brought up through public comments here. First off, there was mention of the Taco Bell building design and whether or not it's conducive with the residential neighborhood. It may or may not be, but we are certainly willing to look at alternatives for the building design, add more brick, take away some of the color schemes, more windows, things of that nature, to make it have more of those residential characteristics and less of those corporate type characteristics. It was mentioned the setback and the variance and a couple things were mentioned about the Fire Department's review and all these reviews. These are all things that we've actually take care of, and the packets in front of you respond to each one of those comments and/or we made revisions to those comments. So I do want to make you aware of that. The really only outstanding item is the variance on the setback, and, of course, we wouldn't ask for a variance until we could gel site plan approval. It would be silly to put the cart before the horse. Currently, that Taco Bell, I believe, is 43 feet from the front property line. We're proposing at 46. So we are actually moving back just a few feet, and I understand its not back to the setback of 60 feel, but we didn't want to bring that building closer to the residents. Mr. Alanskas: You couldn't. We wouldn't lel you. Mr. Rauch: What's that? Mr. Alanskas: You couldn't. We wouldn't lel you. 23092 Mr. Rauch: That may be true, too, but that's something we saw right away in a conceptual design. Where we have an existing variance, we like to keep that variance the same or just a little bit better and try to keep this building farther away from residents as possible, and these are all the things we considered through conceptual and site designs. We have thought of and considered the concerns of the residents before we even spoke to them because we understand, as responsible developers, the importance of it, the importance to the city and the importance to us and to an establishment within that city, and the concerns of the one-way alley on the site plan. Could you bring up the site plan again, Mark? Mr. Alanskas: Sir, you have one more minute. Mr. Rauch: Okay. I want to take a look at this and on a previous site plan you did see traffic arrows. Traffic arrows for one-way traffic movements start right here. There's a one-way movement to the west on both ends. Now, our site can function without the 10 fool alley width for Wine Castle. We have 15 feet between the edge here to that property line, which is the dimensional standard for 45 degree parking for a drive aisle width. So our site can function without that alley. Patrons coming from the Wine Castle can still egress onto Farmington, but patrons coming in for Taco Bell, once they enter past this building here, enter into that one-way traffic movement. So there would be from time to time on a very limited basis a person patronizing Wine Castle and trying to egress onto Farmington and the function of that drive would not change. It's currently an ingress/egress. We do not want to change that function, but we are making this one-way in through the alley, and the gentleman at Wine Castle is certainly aware of that. Mr. Alanskas: Sir, let me ask you just one question. If this proposal did not go through, through us or the City Council, would Taco Bell try to get within a mile or two of that same area? Mr. Rauch: They have to. We've been trying for four years now. Mr. Alanskas: Thank you. A motion would now be in order. Mr. La Pine: May I ask Mark a question? The alley, is that an alley that's been vacated? Mr. Taormina: Yes. 23093 Mr. LaPine: And they each own 10 feet of the alley, is that what it is? Mr. Taormina: I think originally that was probably the arrangement. It was probably a 20 foot alley originally and the abutting owners each took fifle to their respective halves. Mr. La Pine: Okay. Thank you. Mr. Alanskas: A motion is now in order. On a motion by LaPine, seconded by Morrow, and unanimously adopted, it was #03-27-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 7, 2006, on Petition 2006-02-02-03, submitted by Sundance, Inc. requesting waiver use approval to construct a full service restaurant (Taco Bell) with drive -up window facilities at 19055 Farmington Road, located on the west side of Farmington Road between Seven Mile Road and Clanta Avenue in the Northeast 1/4 of Section 9, the Planning Commission does hereby deny Pefifion 2006-02- 02-03 for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the proposed use and its location, intensity, site layout and periods of operation are such that the use is incompatible to and not in harmony with the surrounding uses in the area, particularly with respect to the residential neighborhood to the south and west; 3. That the proposed site layout and its relation to streets giving access to it, particularly with respect to vehicular turning movements in relation to routes of traffic flow and location and access of off-street parking, will be hazardous and inconvenient to the neighborhood and will unduly conflict with the normal traffic flow and circulation patterns in the neighboring area; 4. That the proposed use is contrary to the purposes, goals and objectives of the Zoning Ordinance, which seek to insure compatibility and appropriateness of uses so as to enhance properly values and to create and promote a 23094 more favorable environment for neighborhood use and enjoyment; 5. That the pefifioner has failed to sufficiently demonstrate that the site has the capacity to accommodate the proposed use; and 6. That the proposal fails to conclusively deal with all the concerns deemed necessary for the safety and welfare of the City and its residents. Mr. Alanskas: Is there any discussion? Mr. Piercecchi: Mr. Chairman, I have a few remarks that I've prepared, if I may? Mr. Alanskas: Yes, go ahead. Mr. Piercecchi: Mr. Chairman and fellow commissioners, since this proposal was studied in great depth at previous study sessions and tonight, I will not unnecessarily prolong debate and will restrict my comments to the essential. Namely, as Mr. Morrow mentioned earlier, this proposal must meet the elements to satisfy the general waiver requirements and general standards contained in Section 19.06 of our ordinance. A quick review of just four sections of Zoning Ordinance 19.06: (1) The proposed use must be of such location, size and character that it will be in harmony with the surrounding neighborhood. (2) That the proposed use shall be such that traffic to and from the use will not be hazardous or inconvenient to the neighborhood. (3) That the proposed use shall not have a detrimental effect on the neighboring property nor impair the value of neighboring properly. (4) The location, size, intensity, site layout and periods of operation must be designed to eliminate any possible nuisances. Referring to the opening paragraph of the general waiver requirement, and I quote, "A waiver or use shall be approved only if the proposal complies with all of the special requirements" Recently, the Planning Commission voted unanimously to deny the rezoning pefition associated with this proposal. Hopefully, City Council will do likewise. I still have a firm conviction, Mr. Chairman, that this use does not meet all the criteria required in 19.06 to gain waiver approval and, as such, this plan is not in the best interests of its neighbors. Mr. Alanskas: Thank you. Anybody else? 23095 Mr. Shane: Yes, just a quick comment here. I am opposed to this plan for many of the reasons that have already been menfioned, which I won't go through, traffic, etc. But the other thing that bothers me is for a corporation like Tam Bell to, more or less, hold a hammer over our heads and say that if you don't approve this, we're going to close the store. If this store was on its last legs and not making any money, I could understand that, but I have a hard time understanding or believing that's the case. It seems to me if you have a good location, you ought to try and run it as best you can, even if you can't expand. For all those reasons, I am opposed to this plan. Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. The petitioner has 10 days to appeal this decision in wrifing to the City Council. ITEM#4 PETlTION2006-01-06-01 FEES Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Pefition 2006-01-06-01, submitted by the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.58 of Article XVIII and Section 19.03 of Article XIX of Ordinance #543, as amended, in order to establish new fees and increase existing fees charged for the review of Site Plans and Waiver Use petitions. Mr. Alanskas: This is a petition brought forward by the City Planning Commission. Mr. Taormina? Mr. Taormina: Thank you. This proposed language amendment to Section 18.58 of the Zoning Ordinance would increase the fees charged for the review of site plans from $500.00 to $600.00. It would eliminate the $1,500 cap on the fee charged for the review of site plans, and establish a new fee of $300.00 for requests that involve modifications of a previously approved site plan or condition of approval. In addition, Section 19.03 of the Zoning Ordinance would be amended to charge a fee of $600.00 for requests to modify an approved site plan or amend a condition of approval in connection with a previously approved waiver use petition. Presently, there is no fee charged for an amended site plan. The $300.00 difference between the fee being assessed to alter a site plan versus a fee being assessed to amend a waiver use petition is due to the fact that amendments to a 23096 waiver petition typically require a re -hearing and there are certain expenses for holding those public hearings. So the Planning Department is recommending that the Planning Commission adopt the proposed language amendments as submitted to you this evening. Mr. Alanskas: Thank you, Mr. Taormina. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, a motion would be order. On a motion by Shane, seconded by Morrow, and unanimously adopted, it was #03-28-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 7, 2006, on Petition 2006-01-06-01, submitted by the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.58 of Article XVIII and Section 19.03 of Article XIX of Ordinance #543, as amended, in order to establish new fees and increase existing fees charged for the review of Site Plans and Waiver Use petitions, the Planning Commission does hereby recommend to the City Council that Petition 2006-01-06-01 be approved for the following reasons: 1. That the proposed fee adjustments will help offset the City's costs associated with the review of site plans, requests that involve modifications of a previously approved site plan or condition of approval, and requests to modify an approved site plan or amend a condition of approval in connection with a previously approved waiver use petition; and 2. That the proposed language amendment will establish fees that are commensurate with the complexity and amount of effort and activity involved in processing and reviewing the various land development project proposals. Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. We will now proceed with the Pending Item section of our agenda. These items have been discussed at length in prior meetings; therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Will the Secretary please read the next item? 23097 ITEM#5 PETITION 2006-01-08-02 CADEMEADOWS Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Petition 2006-01-08-02, submitted by Cade Investment, on behalf of Cade Meadows 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 condominium development on properly located at 36905 Ann Arbor Trail in the Northwest % of Section 32. On a motion by Shane, seconded by Alanskas, and unanimously adopted, it was #03-29-2006 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2006-01-08-02, submitted by Cade Investment, on behalf of Cade Meadows 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 condominium development on property located at 36905 Ann Arbor Trail in the Northwest''/. of Section 32, be removed from the table. Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Taormina: We have no new information. Mr. Alanskas: There is no further correspondence? Mr. Taormina: No, there is not. Mr. Alanskas: Is the petitioner here this evening? Lou Ronayne, Cade Investment, LLC, 310 W. Dunlap, Northville, Michigan 48167. Mr. Alanskas: Is there anything you'd like to say? Mr. Ronayne: Nothing new from before except that I did make the changes necessary before that the Council had commented on, and that's what you guys still ha ve in front of you. Mr. Alanskas: Are there any questions from the Commissioners? 23098 Mr. LaPine: Have you seen this plan that our staff made going from 11 lots to 10 lots? Mr. Ronayne: No. From what? From 11 to 10? Mr. LaPine: Yes. Mr. Ronayne: No. I'm aware of what 10 lots look like, Mr. LaPine. I played with all those numbers, and again, I would just like to reiterate that we've gone to great depths to try to accommodate all the neighbors, and I don't see anybody at any of the meetings that we've had opposing this. The only person that's been here has been the neighbor that wants this to go through, and we've accommodated that. There's one spot, there's one Iittie thing deficient with this, and that's because there's an overly extended nghlofway because it's Ann Arbor Trail. That's the only thing, and when I look this to the City Council, they did not want to two lots, which would meet the ordinance, facing Ann Arbor Trail. So I went through great expense and time to accommodate this. I understand what you're saying, with 10 lots lheyd be bigger, but if you're looking at a market, which I've done for 25 years in Livonia, and try to keep houses at a certain price and build for young families to come into Livonia, it doesn't make sense to do it any other way. I've got a good reputation in Livonia for building nice projects. I've never ever had a problem in Livonia with anything I've ever done. Mr. LaPine: I don't think anybody is questioning that. My own personal opinion is, I think it makes a nicer looking sub with 10 houses all facing the road coming in off of Ann Arbor Trail. I'm not questioning your reputation. You're probably a great builder doing a great job but, in my opinion, losing one lot can't be that big of a problem. Mr. Ronayne: Mr. LaPine, out of due respect, though, sir, all the added expenses ... you guys just voted on it again for site plans. The costs incurred to developers nowadays are making it cost prohibitive, and you need that extra lot just to make things so you can build affordable homes in there. I understand what you're saying, but you're talking about $100,000. You're looking at it saying, well, lets just get nd of one of these, and I'm looking at it from the side of the person that takes the risks and puts the investment in, that has to pay all the fees, all the permit fees, and brings lax dollars to the city. And that's a lot of money. $100,000 is a lot of money on a small project and it meets the requirements except for the setback. 23099 Mr. La Pine: There's two things that I'll give you. Number one, its not your fault that there's not much property left in Livonia, and the prices developers are paying for parcels of land is outrageous in my opinion. Consequently, when they pay a big portion for the land and they have to put in the infrastructure and everything that's needed that the city requests, they want to jam as many lots as they humanly possibly can onto that properly. I dont think that's good for the person who buys the houses. Mr. Ronayne: But they have that opportunity to buy it and nowadays communities are making the developers put in the ingress and the egress and the acceleration and deceleration lanes. A lot of the burden that has been put on developers, sir, has been because of the city, and then you want us to cul our lot costs. Mr. La Pine: Sir, don't sit there and tell me that all the things you put in the development, that you don't pass that on to the buyer of the house. Do you or do you not? Mr. Ronayne: So now what we'll do is, we'll cut it one lot and now we'll take 10 lots and we'll add another $10,000 to the lot, so it gets passed on the buyer. I'm telling you .... Mr. LaPine: That's what I said. Mr. Ronayne: It becomes excessive and I don't think the marketwill uphold it. Mr. Morrow: It is my understanding that you look a conforming site plan to the City Council and you got your, what is it, 12 lots? Mr. Ronayne: That would give them an idea ... yes, sir, to give them an idea of what the layout could be on there, and that site plan had 11 lots. Mr. Morrow: Which was conforming. It mel all the ordinances. Mr. Ronayne: Yes. Mr. Morrow: And you received input from them. Mr. Ronayne: Yes, sir. Mr. Morrow: Saying that they didn't want the lots fronting on Ann Arbor Trail. Was there any talk about reducing the number of lots? 23100 Mr. Ronayne: Not that I recall. There might have been, but I don't recall. Its been awhile. That was last year. Mr. Morrow: Okay. So my opinion is a little bit different from Mr. LaPine's. If the Council finds fault with your projection where you have conforming lots, and you can still get the same number with a variance off of Ann Arbor Trail, I would think that would be the least we could do to preserve the number of lots in there because I also understand that through the water detention area, you had to buy some additional properties to make that work. Mr. Ronayne: Yes, sir. Plus we gave additional property to the guy next door so he wasn't so close. The only point I want to make, because I sat here all night tonight, and I understand the concern and what you guys represent, but all the projects I've ever done in Livonia, I've come in and I've never had a problem with neighbors or the development when it was finished because I've taken the time to do this. It is a money issue. There's no doubt about it just because of the cost of things nowadays. But I've taken those into consideration so you don't have a whole area of people complaining about it. Mr. Morrow: Yeah, I don't want to get into the costs or anything like that. I guess mine was a very simplistic approach that you wanted a certain number of lots and you're conforming to what you thought the Council would like to see when it came back to them. Mr. Ronayne: Yes, sir. Mr. Morrow: What is the variance we're talking about for the record? Mr. Ronayne: Mark, what did it end up being? I believe its like 12 feet. We did go back. I got with my engineer and tried to make that smaller. In fad, Mr. Nagy helped me with that, and he was able to reduce it halt of what it is, but I mean you'd have to fill the houses to get in there. It just didn't look right. Mr. Taormina: The lots are required to be 90 feel and they're showing 65 feel at the building line, so roughly 25 feel. Mr. Ronayne: We were able to gel it down to 15. Mr. Morrow: And that is based on the improved road or the existing road? What's the setback from the existing road? 23101 Mr. Taormina: It's measured from the future right-0iway. If you want to take it from the existing road, that would be an additional 33 feel. You would add 33 feel to the 65 feet, but that's not how we determined the lot width. Mr. Morrow: No, I understand that, but I'm just talking about existing conditions and if Ann Arbor Trail never gels wider. Mr. Ronayne: When we first started, Mr. Morrow, both of them were deficient, but we were able to reconfigure the road and push it back further, because if you look at the development behind it, they're all crammed in there like a shoehorn. It's a small dead end road that doesn't have enough room for a fire truck to tum around. So I think it's an improvement from the only other development next door to us. Mr. Morrow: I just wanted to give those comments. Mr. Piercecchi: Good evening. Sir, you must admit that the staff layout of your particular proposal is really very nice and compact, but it is restricted to 10 lots rather than the 11. Now, you mentioned that you want to build affordable houses here. Right? What type of price range are you going to have here? Mr. Ronayne: I believe we have to keep them under $300,000. Mr. Piercecchi: How much? Mr. Ronayne: Under $300,000. Mr. Piercecchi: I didn't gel that. Mr. Ronayne: Under $300,000. Mr. Piercecchi: And that's what you call affordable? Mr. Ronayne: Any more, new construction, it is. What would your definition be, sir? Mr. Piercecchi: What I consider affordable? My first house cost $11,000. You mentioned that losing a lot here would result in a $100,000 penalty. Are you stating, sir, that the lot cost you $100,000? Mr. Ronayne: To develop that lot, to be able to market that lot and develop it and the land costs, it's a $100,00 lot with a small profit on it. 23102 Mr. Piercecchi: That purchase plus improvements and the whole nine yards? Mr. Ronayne: Yes, sir. Mr. Piercecchi: It would be $100,000. Okay. I don't know what profits you make on houses, but you are really improving the lots. You're adding eight feet basically to four lots. You would think that would market the homes at a price which could gel back some of that proposed $100,000. I think this is a very good layout and I commend Mr. Taormina and his staff for making this drawing. It looks very good to me. Mr. Ronayne: Well, sir, again, all I'll say is that it abuts another project that's relatively new in Livonia that this Council and this Planning Commission had it come before them that is lighter, smaller and is not even as nice as the project I'm putting in, and I dont think that's a fair comparison. Mr. Piercecchi: But this setback requirement that you can't meet at the current time, you know, I think 30 feel is loo short for that street. I think at lead we should add on the normal setback between houses onto that. Make it like 40 anyway, a minimum. I'm not sympathetic about you trying to rearrange these perpendicular because if you arranged all ones perpendicular to that street, you'd only have to be 25 feet away. Mr. Ronayne: Well, if I had to change it to 10 lots, I wouldn't be buying the property next door, and the neighbor wouldn't be happy about it. I know that might not matter to you, but then on the other lot, I could put the water retention on that. What I tried to do and it has taken me a year, sir, is to try and accommodate a neighbor. More than once, you had it here earlier. I sal here and watched the Taco Bell. You cared about the neighbors. I'm the developer that went to the neighbors and said, look, why don't we make a project that's win-win. What do you want out of this? And you haverll had one objection. The only objection is from comments from the Commission. You've got not one neighbor here complaining about this. Not in the back and not the guy that's directly impacted by this. The only reason I'm trying to do an additional lot is because we're purchasing his land to accommodate the discharge and to give him more land so he has more space between there. I mean I'm not coming here trying to get rich. The one lot is not going to make me rich but there was a reason we did this, a nd I don't want you to think that I'm trying to just put too many lots into something. Those 23103 setbacks meet it. The only thing it doesn't meet is that excessive setback because its on the main road. If we were on Lyndon right now, we wouldn't even be discussing this because it would meet it. It's one deficiency that I would like to take ... Mr. Piercecchi: You dont have to scold us here. Mr. Ronayne: I'm not trying to scold you. Mr. Piercecchi: We're just trying to enforce the ordinances. There's nothing personal here. You're 25 feel short, and it's been brought to your attention. The staff said, well, maybe we can avoid that by manipulafing these houses around. Mr. Ronayne: Sir, all I wanted to do is give you the background on how I came to he conclusion. I don't want to argue about it either. I just wanted you to understand what I was trying to do. Mr. Alanskas: Gentlemen, ve're not going to have a debate back and forth here. Give your comments and then we'll go on. Mr. Piercecchi: No more. Mr. Shane: I'm sort of in Lee's comer on this. There is a way you can meet the ordinance but the Council doesn't like it. You can have two lots, one can take access from your interior road; the other would be almost 140 feet in depth which is about 20 more than the ordinance requires off of Ann Arbor Trail. That's the only one and you'd be able to have a turnaround. I would approve that. Because you could meet the ordinance that way and because of the circumstances of this particular projed, I'm going to vole for it the way you have it because I know you could meet the ordinance if the city would lel you. So I take the posifion that it's a good little project and if we have to bend a little bit on that particular lot, I dont have a problem with it. Mr. Alanskas: Anybody else? A motion is in order. On a motion by Morrow, seconded by LaPine, and adopted, it was #0330-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petifion 2006-01-08-02, submitted by Cade Investment, on behalf of Cade Meadows 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 23104 condominium development on properly located at 36905 Ann Arbor Trail in the Northwest % of Section 32, be approved subject to the waiving of the open space requirement of the Subdivision Rules and Regulations and 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 each condominium unit shall be brick or stone, on all four (4) 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; That all exterior chimneys shall be back; 2. That the brick used in the construction of each condominium unit shall be full face four inch (4") bnck; 3. That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department; 4. In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements; 5. That the petitioner shall include language in the Master Deed and bylaws 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 owner's property prorela 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; 23105 6. That the Site Plan marked Sheet 1 of 2 dated December 12, 2005, prepared by South Hill Construction Company, is hereby approved and shall be adhered to; 7. That a fully detailed Landscape Plan for the detention area, cul-de-sac island and the street frontage along Ann Arbor Trail shall be submitted to the Planning Commission and City Council for their review and approval; 8. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 9. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 10. That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; 11. That the Condominium Association shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stonnwater detention pond; 12. That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated January 11, 2006: 13. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient lot width for Lot 11 and any conditions related thereto; 14. 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 15. 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 23106 ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development. Mr. Alanskas: I would just like to say that I think the petitioner has really done his best to do what the city wants except for the two homes facing Ann Arbor Trail. And hopefully when it goes before the Council, if it does go with an approving resolution, this can be resolved. Would the secretary please call the roll? A roll call vole on the foregoing resolution resulted in the following: AYES: Morrow, Shane, Alanskas NAYS: LaPine, Piercecchi ABSENT: Smiley, Walsh ABSTAIN: None Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#6 APPROVAL OF MINUTES 919' Public Hearings and Regular Meeting Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Approval of the Minutes of the 919" Public Hearings and Regular Meeting held on January 31, 2006. On a motion by LaPine, seconded by Shane, and unanimously adopted, it was #0331-2006 RESOLVED, that the Minutes of 919" Public Hearings and Regular Meeting held by the Planning Commission on January 31, 2006, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Shane, Morrow, Piercecchi, Alanskas NAYS: None ABSENT: Smiley, Walsh ABSTAIN: None Mr. Alanskas, Chairman, declared the motion is carried and the foregoing resoluton adopted. 23107 On a motion duly made, seconded and unanimously adopted, the 921s' Public Hearings and Regular Meeting held on March 7, 2006, was adjourned at 9:55 p.m. ATTEST: CIN PLANNING COMMISSION C. Daniel Piercecchi, Acting Secretary Robert Alanskas, Acting Chairman