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HomeMy WebLinkAboutPLANNING MINUTES 2006-05-3023251 MINUTES OF THE 926th REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 30, 2006, the City Planning Commission of the City of Livonia held its 926th Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order a17:30 p.m. Members present: Robert Alanskas William LaPine R. Lee Morrow Carol A. Smiley John Walsh Members absent: H. G. Shane Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were also present. Chairman Walsh informed the audience that if a petition on tonighfs 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 bn 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 oflhe proceedings tonight. ITEM#1 PETITION 2006-01-08-01 NEW -FIVE SHELL Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2006-01- 08-01, submitted by New -Five Shell requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate both the interior and exterior of the gas station located at 37449 Five Mile Road in the Northeast % of Section 19. 23252 Mr. Miller: This petition involves a request to renovate the existing service station located on the southwest corner of Five Mile Road and Newburgh Road. The renovation would allow the service station to be converted into a convenience store/gas station. The subject site is square in shape, measuring 150 feet along Five Mile Road and 150 feet along Newburgh Road. Abutting the property to the west is a bank. Behind the service station and the bank is the New Village Shopping Center. To the east, across Newburgh Road is property owned by the Felician Sisters. On the Felician Sisters property are a number of facilities, including Sl. Mary Mercy Hospital, Madonna University and Ladywood High School. South of the shopping center is the Sl. Edith Church. Across Five Mile Road to the north is a cluster of commercial uses, including a gas station on the corner. The New -Five Shell property is zoned C-1, Local Business. The existing gas station is 2,314 square feet in size. It currently operates as an auto repair facility with three operational working bays. In the remodeling, all three bays would be eliminated and the entire interior would be converted into a convenience store. Access to the site is available by four driveways, two off Five Mile Road and two off Newburgh Road. Twelve parking spaces are required. The site plan shows 12 spaces but the two parking spaces behind the building are deficient in width and length measuring 9' by 17' instead of the required 10' x 20'. Even if these rear spaces were designated employee parking, vehicles parked in them would partially block access to the dumpster. Because of the deficiency in parking, a variance would be required from the Zoning Board of Appeals. Required landscaping is 15% of the total site and they are proposing landscaping 14% of the site. The landscape plan shows that basically the existing landscaping of the site would remain as is. A new landscape area behind the building, along the south property line, would be formed with new curbing. The existing building is a brick and block type construction with a siding material infilling the area under the peak of the roof. The front or north elevation (facing Five Mile) would receive a new facelift. The three overhead doors would be removed and replaced with large picture windows. A brick wainscot would be installed and con under the new window flames. The existing single door entrance would be modified so that customers could enter or exit using a two -door system. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 7, 2006, which reads as 23253 follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time with regard to traffic or points of ingress and egress. The legal description is correct and no additional right-of-way is required." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 2, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate the interior and exterior of the gas station 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 May 1, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal by Etchen Gumma Limited for the renovation of the NewFive Shell located at 37449 Five Mile Road. We have no objections or recommendations 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 May 5, 2006, which reads as follows: "Pursuant to your request of April 24, 2006, the above -referenced petition has been reviewed. The following is noted. (1) The two parking spaces at the rear of the station do not meet the requirements. This petitioner may be better served by shifting the barrier free space to where the single space was and putting it at an angle, making the five spaces at the west into six and putting only one space behind the building. (2) The Commission and/or Council may wish to determine if this station is to provide free air. Recommended language has been provided. (3) Signage has not been reviewed. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners? Mr. Morrow: Yes, I have a question. Stull, are you indicating that there is no deficiency in parking now that they've achieved the 13 spaces? Mr. Miller: No. Its still deficient because the two spaces in the back of the building are not conforming in size. Mr. Morrow: If they were approved, that would make up the difference? Mr. Miller: Yes. If they somehow got them to either conform or if they went to the Zoning Board for a variance. 23254 Mr. Morrow: Okay. Mr. Walsh: Is the petitioner here this evening? Edward A. Etchen, Etchen Gumma Limited, 24300 Southfield, Suite 308, Southfield, Michigan 48075. I'm the architect of record. My firm, Etchen Gumma Limited, prepared these drawings that you have in your packets this evening. As Mr. Miller explained in this introduction, the intent here is to eliminate the existing mechanic bays from this service station, continue to sell gas and expand the convenience store inside the existing walls. We had presented the parking thinking that it met the requirements, thinking that perhaps those two spaces behind the building could be used as employee parking. I have read the correspondence that made the suggestion and I wasn't really clear about it. I discussed this with Mr. Miller and I don't think he was clear either about what their suggestion was. We had discussed the idea of possibly going to the ZBA and obtaining a variance if that's necessary. The exterior renovation, as you can see on this rendering down here, is as Mr. Miller's had spoken about. The existing garage doors would be removed, a new masonry stone wall put in place with some glass windows above that, and then open the public entrance with a pair of doors. Other than that, that's the extent of our proposal that we're presenting, also including some of the landscaping improvements that we discussed previously. Mr. Walsh: Are there any questions for the petitioner? Mr. Alanskas: I have a couple questions. On your site plan, it says the three bays are going to be abandoned. I've never seen that on the site. What do you mean abandoned? Don't you mean eliminated ortaken out? Mr. Etchen : Well, they're going to be eliminated. Mr. Alanskas: Okay. Now, when you do that, would do you do? Fill the holes with concrete? Mr. Etchen: The hoist... Mr. Alanskas: Where the bays are. Mr. Etchen: Those are going to have to be filled with concrete absolutely. 23255 Mr. Alanskas: All right. What are you going to do? Put Tile on the floor, the new area? Mr. Etchen: Ceramic tile. Mr. Alanskas: Okay. Because you've got a lot of grease and oil on that floor. How are you going to gel that Tile to stick on the floor? Mr. Etchen: You know, at this point, I don't know if I'm ready to answer that question. Mr. Walsh: Sir, please step forward, and if we could have your name and address please. Yasmin Alkhafaji, 2000 Town Center, Suite 2100, Southfield, Michigan 48075. I'm the manager of that station. The floor in the bay area is lower than the store area today. So the floor will be raised. There will be new concrete. All the concrete will be ripped out, and replaced with new concrete. So the new file will come level with everything. We will not have a step between the two spaces. Mr. Alanskas: How about the water drainage that you have in the garage area now? Mr. Alkhafaji: Pardon me? Mr. Alanskas: How about the water drain you have there? There's a water drain in the building. Mr. Alkhafaji: Yes, I'm sure there are, and we will keep one of them for the coolers and for the floor. Mr. Alanskas: There's three drains where the hoists are also. Mr. Alkhafaji: Correct. Mr. Alanskas: Are you going to lake those out and just fill them with concrete also? Mr. Alkhafaji: They will be taken out by Shell, actually, and Shell will come and do environmental testing on the ground before we do any new flooring in there. Mr. Alanskas: Okay. Are your hours going to be the same as they have been in the past with the previous owners? 23256 Mr. Alkhafaji: Pardon me? Mr. Alanskas: The hours of your operation. Mr. Alkhafaji: They will slay the same. Mr. Alanskas: Seven days a week? Mr. Alkhafaji: Yes. Mr. Alanskas: But you're not 24 hours a day, are you? Mr. Alkhafaji: No, we're not 24 hours. Mr. Alanskas: Now, on the west side of the building, there's five arborvitaes. Two of them are dead. Is that on your property or the bank's property? Mr. Alkhafaji: The bank's properly. Mr. Alanskas: That the bank's property. Mr. Alkhafaji: The bank's property. Mr. Alanskas: All right. Thank you very much. Mr. Alkhafaji: Thank you, sir. Mr. LaPine: Above where the new windows are going to be, what's that siding? Isthatsidingorwhalisil? Mr. Elchen: That fascia is existing there today. It's a metal fascia. Mr. LaPine: This was done when they renovated all the Shells around town? Mr. Etchen: Right. Mr. LaPine: How much of the business that was done at this station was done with the three bays? Mr. Alkhafaji: Nowadays, with most people driving lease cars, we haven't been having a lot of business in the bay area. Mr. LaPine: So that is what is really making the station go from a full service station to a convenience store. It looks to me that most stations 23257 now have more business with the convenience store than with pumping gas. And the other thing, it kind of upsets me with the way things have changed. It always bothers me when in the middle of the night if you have a breakdown, you used to be able to hop your way into a gas station, and there always was a mechanic there to gel you going until you got home. But now just about all, I would say 90 percent of the stations in metropolitan Detroit, are probably convenience stores/gasoline stations. So once you start this renovation, how long do you think it will be before this project will be finished? Mr. Alkhafaji: We hope 60 to 90 days. Mr. La Pine: Thank you, Mr. Chairman. Mr. Morrow: What is your current policy on air? Do you offer free air or do you charge an amount to operate your ... Mr. Alkhafaji: I cant hear very well. Mr. Morrow: What is your current policy as far as delivering air for the tires? Mr. Alkhafaji: Its free air. It will continue to be free air. Mr. Morrow: Okay. We wanted to clear that up before we got to our motion. Mr. Alkhafaji: It will continue to be free air for the customers. Mr. Morrow: Also, I wanted to compliment you on the way the station looks. I was by there today, and for a gas station, it's very pleasing to the community. Mr. Alkhafaji: Thank you very much. Thank you, sir. Mr. Alarskas: How many other stations do you have in the area here? Mr. Alkhafaji: How many stations? Mr. Alanskas: Yes. Mr. Alkhafaji: Three. Mr. Alanskas: Do you have any more in Livonia besides this one? Mr. Alkhafaji: No, that's the only one in Livonia. One in Dearborn Heights, one in Farmington Hills. 23258 Mr. Alanskas: Okay. Thank you. Mr. Walsh: Mr. Taormina, did you have a comment? Mr. Taormina: Actually, I'd like to explain the suggestion made by the Inspection Department in terms of making the parking conform because I believe Mr. Etchen is still confused regarding that recommendation. The suggestion is that this space be converted to the banner free space. The banner free space would be moved to the east side of the building, which would allow for one additional space to be placed along the west side of the property. Then, instead of having two spaces behind the store in this location, which as Scott mentioned would require a variance, just convert those to a single conforming space right here. As a result, he would have his required 12 parking spaces and eliminate the need for any variances. Ms. Smiley: I have a question for you, Mark. The handicap would be where number one is? Mr. Taormina: That's correct. Mr. Morrow: My notes say that 13 spaces are required. Mr. Taormina: I think it's 12. Mr. Miller: Itshould be 12. Mr. Morrow: So 12 meets the ordinance. Mr. Miller: Yes. Mr. Morrow: And we have 12. Mr. Miller: Yes. Mr. Morrow: Okay. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one come forward, a motion would be in order. 23259 On a motion by Smiley, seconded by Morrow, and unanimously adopted, it was #0534-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-01-08-01, submitted by Etchen Gumma Limited, on behalf of New -Five Shell, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate both the interior and exlenor of the gas station located at 37449 Five Mile Road in the Northeast'''/ of Section 19, be approved subject to the following conditions: 1. That the Site Plan marked Sheet A-1 dated April 5, 2006, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet A-2 dated April 5, 2006, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to; 3. That the height of the planted trees shall be measured from the top oflhe root ball to the mid -point ofthe top leader; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. Thatthe Exterior Building Elevation Plan marked Sheet A-4 dated April 5, 2006, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to; 7. That the brick used in the construction shall be full face 4 inch brick; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the Stale of Michigan; 23260 10. That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across properly lines and glaring into adjacent roadway; 11. No outside storage, placement or display of merchandise shall be permitted at any time on this site; however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil-based products as permitted in Section 11.04(a) oflhe Zoning Ordinance; 12. That free air shall be provided at all limes this station is open for business; the free air shall be dispensed at the pointof-service without having to enter the station or the performance of any extra action in order to obtain the air without charge; 13. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; and 14. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Mr. Walsh: Is there any discussion? Ms. Smiley: Do we need Condition 13 regarding a variance from the ZBA? Mr. Walsh: We need to leave it in for Planning Commission purposes because we have their current plan. Before they go to the Council, if they make the change in the plans, Council will note that accordingly and they would no longer need to go to the ZBA. So procedurally we need to read it in. Ms. Smiley: Thank you. Mr. Walsh: Is there any further discussion? Mr. Alanskas: I just want to make sure flat the petitioner understands that when we say you cant have any outside displays of like pop, you cant sell pop on the outside like Pepsi or Coke or whatever you may have like some stations do. And also, in the wintertime, a lot of stations want to sell wood. You can't display 23261 wood on the outside of the building also. Just petroleum-based products like oil. Thank you. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETITION 2006-04-08-09 COLLEGE PARK OFFICE BUILDING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 04-08-09 submitted by SchoolcraR Commons, on behalf of College Park, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct an office building on properties located at 17410 College Parkway in the Southwest''/. of Section 7. Mr. Walsh: Before we proceed, I'm going to tum the gavel over to Mr. Alanskas. I am an employee of SchoolcraR College, and we are the owner of the property in question. We lease it to the petitioner. Mr. Alanskas: Thank you, Mr. Walsh. Mr. Miller: The petitioner is requesting approval for the development of a two-story office building on part of the ongoing College Park Development. This subject site is located on the east side of Haggerty Road just north of Six Mile Road between the SchoolcraR College campus and the Comenca Operations center. This site and the adjacent site to the west (17400 College Parkway) were recently granted site plan approval (CR 65-06) for a one-story office building and preliminary approval for a restaurant pad. The petitioner is now requesting approval to make the office building two stories and reposition it elsewhere on the site. The restaurant pad would remain as previously approved. The subject site has three different zoning districts: G2, General Commercial, PO, High Rise Office and OS, Office Services. Part of the problem with the original office building was that it was located in the PO district. Buildings in a PO zoning district are required to be over two stories in height but cannot exceed four stories. To accommodate the proposal, the section of land where the one-story office building was to be located needed to be either rezoned to OS or granted a variance from the Zoning Board of Appeals for deficient building height. The proposed repositioning simplifies the process 23262 because the new two-story office building would be located on the portion of the site that is zoned OS, and this zoning classification allows buildings to be two stories in height. The proposed two-story office building would contain a gross floor area of 40,988 square feel. The building would now be situated east of the approved restaurant pad and northeast of where the previously approved one-story office building was to be located. Parking for the proposed office building and the restaurant would be provided by (1) Lots "A" and "B" consisting of 166 spaces, located in the immediate area around the restaurant, and (2) Lot "C" consisting of 101 spaces, located in front or southwest of the office building. An open drain that flows through the middle of the property would bisect the parking lots. There is also an additional parking lot labeled "Parking Area X" that is located north of the restaurant, across the connecting aisle drive. This lot is identified on the plan as "existing used/shared by Phase I — Restaurants' and consists of 69 spaces. These 69 parking spaces only measure nine (9') feel wide by twenty (20') feet in length. The zoning ordinance requires all parking spaces to be a minimum len (10') feel in width. In order to stripe the spaces at nine (9') feel wide, a variance from the Zoning Board of Appeals would be required. All parking spaces in the immediate area of the office building and restaurant (Lots "A", "B" & "C") conform to the parking standards of the ordinance. Required parking is 329 spaces, and 336 parking spaces are provided. Therefore, it would meet the parking requirements. Access to the proposed office building and the restaurant would be from College Parkway, which is the main circulation dnve that extends off Haggerty Road and is located just north of the Marketplace and south of Mitchell's Seafood restaurant. An enclosed dumpster area for the office would be located alongside the north elevation of the building. The Building Elevation Plan shows that the office building would be constructed out of brick on all four sides. Bands of back soldier course would accent the roofline and windowsills. A vertical flash metal panel material would screen all rooftop mechanical equipment. Mr. Alanskas: Is there any correspondence? Mr. Taormina: There are far items of correspondence. The first item is from the Engineering Division, dated April 11, 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 with regard to traffic or points of ingress and egress. The legal description is correct, however, 23263 the sketch on sheet SP -02 vanes from the description in the Northeast portion of the parcel and should be changed. No further right -0f --way is required at this time. This site will be served by the overall site detention basin, which is being permitted in accordance with the Wayne County Storm Water Management Ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 6, 2006, which reads as follows: `This office has reviewed the site plan submitted in connection with a proposal to construct an office building on property located within the College Park development positioned between the Schoo/craft College campus and the Comerica Operations center on the east side of Haggerty Road, just north of Six Mile Road in the southwest X of Section 7. We have no objections to this proposal with the following stipulations: (1) If subject building(s) are to be provided with an automatic sprinkler system, an on-site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Adequate hydrants shall be provided and located with spacing consistent with the use group. (3) Access around building shall be provided for emergency vehicles with a minimum vertical clearance of thirteen feet six inches, a turning radius of fifty-three feet wall-to-wall and an inside turning radius of twenty-nine feet six inches. (4) Any fire lane curves or comer of streets shall accommodate emergency vehicles with a turning radius of fifty-three feet wall-to-wall and an inside turning radius of twenty-nine feet six inches. (5) Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance. (6) 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 junsdiction." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated April 18, 2006, which reads as follows: We have reviewed the plans in connection with a proposal by Elkin Equities for Building B within the College Park Development located at 18600 Haggerty. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Stud(, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 13, 2006, which reads as follows: "Pursuant to your request of April 4, 2006, the above -referenced petition has been reviewed. The following is noted. (1) As this is OS, all office services district regulations will apply including signage. (2) The 10 foot width and double striping of the 23264 parking spaces is not noted on the plan. (3) The pavement should be marked to alert drivers of the crossing from the Barrier Free Parking to the ramp at the entrance. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Alanskas: Are there any questions for the staff? Ms. Smiley: Scott, on that one picture, can you show me where the entrance to Flemings is and where the entrance to the office is? Where would they enter to reach the restaurant? Right there? Mr. Miller: Yes. Ms. Smiley: And then when they go to the office building, it would be directly across from it? Mr. Miller: Yes. This is the entrance to the office building. Mr. Taormina: That would be the southeast corner. Ms. Smiley: So that would be the entrance to the restaurant? Mr. Taormina: Correct. Right here. Ms. Smiley: Okay. Mr. Alanskas: Scott, could you put that back up please? Would you show us where Fox Drive is on that drawing? Mr. Miller: Its easier if I go up one drawing. Mr. Alanskas: The question I have is, can people come in off of Fox Drive and get to this building? Could you show us how, please? Mr. Wineman: Yes. The proposed new office building will be accessible for persons entering the site off Fox Drive. Mr. Alanskas: Okay. Now, on the same role at our various study meetings, we had discussed about possibly widening Fox Drive. Is that still in our plans? Mr. Wineman: I don't believe we've had any recent discussions about widening Fox Drive. The discussions that we've had, I believe with Planning. is right turn in, right turn out only on Fox Drive. 23265 Mr. Alanskas: Okay, but I thought that we were discussing obtaining some of that property so that they could widen Fox Drive? Mr. Wineman: There has been some discussions with the neighbors about boulevarding the entrance point of Fox Drive, but that has not yet been agreed to amongst all the appropriate parties. Mr. Alanskas: Does anyone else have questions before we go to the petitioner, which we've already done? Would you please state your name and address? Robert Wineman, Walkon Etkin Partnership, 29100 Northwestern Highway, Suite 200, Southfield, Michigan 48034. Thank you very much for hearing us this evening. I think between Mark and Scott they've in summary given you the lie of the land. This is a change from the prior request that we had relative to the single story office building on the other portion of the site. In going back and revisiting the plan, we feel that the plan before you this evening is far more comprehensive, utilizes the site in a much more efficient manner and creates a greater sense of presence in terms of the overall quality we're looking to preserve and continue with the College Park. If there are any other questions that you have regarding the building, I'm happy to answer them. We are planning on starting construction as soon as possible. If that happens within the next 30 or so days, we anticipate a February/March delivery of the building. Mr. Alanskas: I have one minor question, which could be a major question. When you gel the approval for this building from us and from City Council, will you be doing another traffic study to show us the traffic problems we're having with this whole entire site? Mr. Wineman: I do not believe we anticipate doing another traffic study at this juncture. Mr. Alanskas: What percentage do you think you'll have as far as more traffic with this building going up? Mr. Wineman: That's a good question. One that I can't, off the top of my head, answer right now. I don't think it's going to be more than a minimal impact to the site. It's certainly consistent with what our master plan was relative to the area given than it's a 40,000 square foot building. I don't anticipate that we are going to have a more than dense or typical dense office user. 23266 Mr. Alanskas: Is this office building open normally between 8:00 a.m. and 5:00 P.M.? Mr. Wineman: Correct. Mr. Alanskas: And then it's closed after 5:00 p.m'? Mr. Wineman: That's the anticipation. Mr. La Pine: To Mark, this "College Park Parking Analysis - 5/06" you gave us? Mr. Taormina: Correct. Mr. La Pine: We talk about the Marketplace, Claddagh, Bravo, Mitchell's, the bank and come up 1,019. I'm just curious. This parking variance, 2004-06-91, minus 179, is that where we allowed some smaller spaces. What is that? Mr. Taormina: That's where we allowed the shared parking between the retail component of this development and the adjoining office. So it was recognized that because there was some offsetting peak hours of operation between those two users, that approving a variance to 179 spaces would be in keeping with the intensity of use on the site. That's a net reduction from the overall required parking, bringing the Total Required with Variance to 840. As you can see, inducing the proposed development, there will be a total of 844 spaces provided. So there's just a small surplus of four spaces. And there's at least one more significant phase to this project and that's going to be north of the TFC Bank Regional Headquarters, adjacent to 4275, and that's going to be, for the most part, completely independent from all the other areas in terms of access and parking. Well, not necessarily access but certainly parking. So that will be self-sufficient. There shouldn't be any greater impact on parking as a result of that Iasi big phase of the project. Mr. La Pine: Okay. Thank you. Now as I understand it now, where the two story building is going to be, which is in front of the steakhouse, there's a bridge that goes across there. People can park later on in the evening and walk across. Is that the way its going to work? Mr. Wineman: Correct. The intent truly, given that Flemings is an evening only operation, as a dinner only operation, would be to actually have the employees park as far away from Flemings, which would be 23267 more proximate to the office building as possible, thereby freeing up spaces that are in the immediate area of the Flemings building. But the pedestrian bridge that you noted is there for that purpose. Mr. La Pine: Lel me just ask this question. Now, you say its only open in the evening. Whattime does it open, 4:00, 3:00? Mr. Wineman: They're dinner only and I believe they start serving dinner around 5:00. Employees gel there within a two hour range of that and they're open to about 11:00 in the evening. Mr. La Pine: You might not be able to answer this question, but I'm just curious. How many servings, change of tables, do they have during that dinner hour because it seems almost impossible to operate a restaurant of this magnitude, this expensive, and only operate dinner. I'm just curious how many times you have to roll those tables to make a profit. Mr. Wineman: I think the term in the industry is how many times they actually turn the restaurant or tum the table. I believe that they anticipate two Tums during the course of their dinner period. Mr. La Pine: So I would be safe to say that by midnight, the place would be pretty much closed down? Mr. Wineman: Thalwould be safe to say. Mr. LaPine: Okay. Thank you very kindly. Mr. Alanskas: Anybody else? Mr. Morrow: Is this the current rendering of the office building? Mr. Wineman: Yes, and I have a larger one if you'd like to ... Mr. Morrow: No. That's all right. Because somewhere I had in my mind at the study session there might be ... the building would remain the same but there might be some architectural enhancements and I didn't know if that was being developed. That's the one I was thinking about. It looks like some of the wing windows are a little bit larger and offset based on this rendering I have here. Mr. Wineman: I believe this is the current rendering. 23268 Mr. Morrow: That's what I was hoping you were going to say. I like the enhancements you made to it to make it stand out a little bit better. Mr. Wineman: inaudible Ms. Smiley: Use the microphone. Mr. Wineman: inaudible Mr. Morrow: Okay, thank you. Mr. Alanskas: Is there anybody in the audience that wishes to speak for or against this petdion? Hearing none, a resolution is in order. On a motion by Morrow, seconded by LaPine, and adopted, it was #0535-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-04-08-09 submitted by SchoolcraR Commons, on behalf of College Park, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct an office building on properties located at 17410 College Parkway in the Southwest''/. of Section 7, be approved subject to the following conditions: 1. That the Overall Layout Plan marked Sheet SP -03 dated March 29, 2006, prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to; 2. That the Layout and Paving Plan marked Sheet SP -01 dated March 29, 2006, prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to; 3. That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and ou0ines the terms of how the subject property(s) would share parking, be supplied to the City; 4. That the Landscape Plans marked Sheets L-1, L-2 and L-3 all dated March 29, 2006, as revised, prepared by J Eppink Partners, Inc., are hereby approved and shall be adhered to; 5. That the height of the planted trees shall be measured from the lop of the root ball to the mid -point ofthe top leader; 23269 6. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 7. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 8. That the Building Elevation Plan marked Sheet A-201 dated May 22, 2006, prepared by Gillett Associates, is hereby approved and shall be adhered to; 9. That the brick used in the construction shall be full face 4 inch brick; 10. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 11. That the three walls of the trash dumpsler area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be maintained and when not in use closed at all times; 12. That the petitioner shall secure the necessary perils, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the Slate of Michigan Department of Environmental Quality; 13. 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 stormwaler retention facility; 14. That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond; 23270 15. That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 16. That the pefifioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated April 6, 2006; 17. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; and 18. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Mr. Alanskas: Is there any discussion? Mr. Morrow: In Condition 8, now is that the plan that's dated February 21 or is there a later dale on that? Mr. Wineman: I believe that's the plan but I can confirm that with Mr. Taormina. Mr. Morrow: Okay. Clean that up as far as the dale. Mr. Wineman: Absolutely. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, LaPine, Smiley, Alanskas NAYES: None ABSTAIN: Walsh ABSENT: Shane Mr. Alanskas: I just have one question for you. Do you have any tenants for this building as of now? Mr. Wineman: We are talking to a couple of tenants for the building but nothing is solidified at this juncture. Mr. Alanskas: Would there be more than one tenant in this building? Mr. Wineman: I think given the marketplace it's a safe bet to say that there will be more than one tenant for this building. 23271 Mr. Alanskas: Thank you very much and congratulations. It's a good looking building. Mr. Wineman: Thank you very much. Thank you for your consideration. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#3 PETITION 2006-05-08-10 QUAILCHASE SITE CONDOS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 05-08-10 submitted by Schafer Development, on behalf of Quail Chase 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 9229 Newburgh Road in the Southeast''/. of Section 31. Mr. Alanskas: Thank you, and the gavel is returned to Mr. Walsh at 8:15. Mr. Walsh: Thank you. Mr. Miller? Mr. Miller: This petition involves a request to develop a site condominium project on properly located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail and would be known as "Quail Chase Site Condominiums" Immediately south of the proposed site is properly zoned R-1, One Family Residential. This property was recently rezoned from RUF, Rural Urban Farm and is in the process of being developed into site condominiums (Churchill Manor Site Condominiums). A little further to the south is property zoned PL, Public Lands, that is the location of the Livonia Career Center. Adjacent to the west is the Forest Oaks Subdivision, which is zoned R-1. Immediately to the north is a vacant piece of land that was once designated on the City's School and Park plan as a future park. That classification was removed but the property is still owned by the City of Livonia. Farther north is the Whispering Winds Condominium development, which is zoned R-7, Multiple Family Residential. Directly across Newburgh Road to the east, are RUF zoned parcels and to the southeast is PL zoned land that contains Churchill High School. Kitty-corner and to the northeast, across Newburgh Road, is the American Legion Post 23272 #32, which is split zoned C-1, General Business, and P, Parking. The proposed property of the Quail Chase development is in the process of being rezoned (Pel. 2005-09- 01-10) from PL (Public Lands) and RUF ( Rural Urban Farm) to R-1 (One Family Residential). The Planning Commission, after holding a public hearing on October 25, 2005, recommended approving the requested rezoning. Following a public hearing, the City Council referred the item to the Committee of the Whole for its report and recommendation at its January 18, 2006, Regular Meeting. Review of this petition is based on the assumption that the subject properly is rezoned to R-1. Quail Chase would be made up of 29 units. Twenty-four of the condominium lots would front on a new proposed fifty (50') feel wide street rather than the standard sixty (60') fool wide roadway. The remaining 5 condominiums would front and have access off Stonehouse Avenue. The new street, identified on the plan as "Quail Chase Lane," would extend approximately 1,000 feel in a westerly direction from Newburgh Road and would then turn towards the south and travel another 150 feel where it would connect with the road extension of Churchill Manor Site Condominiums. An R-1 zoning district requires each lot to have a minimum land area of 7,200 square feet, a minimum lot width of sixty (60') feel, and a minimum lot depth of hundred and twenty (120') feel. All the proposed condominium lots of Quail Chase meet or exceed these R-1 lot size requirements. A 30 -fool wide easement would be created along the backyards of Lots 1 through 15 in order to handle storm water detention. According to the notation on the site plan, three rows of underground piping would control the runoff from the site. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 9, 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. No additional right -0f -way for Newburgh Road is required. Detention facilities will be required in accordance with Wayne County's Storm Water Management Ordinance as indicated on the plan. The petitioner's Engineer should verify with Mr. Hill of the Engineering Division that the runoff from this site is in accordance with the restrictions noted in a previous agreement between the Cities of Westland and Livonia." The letter is signed by Robert J Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue 23273 Division, dated May 8, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to develop site condominiums on property located at the above -referenced address. We have no objections to this proposal with the following stipulations: (1) Hydrant spacing shall be consistent with City of Livonia Ordinances. (2) An approved turnaround for fire apparatus shall be provided xhere access is deadrended and is in excess of 150 feet in length. The turnaround shall have a minimum turning radius of fifty- three feet wall-to-wall and an inside turning radius of twenty- nine feet six inches. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane. T or Y turnaround arrangements shall be permitted. Disregard if plans include tying into existing Richfield." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated May 15, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal from Schafer Development for Quail Chase Site Condominiums located at 9229 Newburgh Road. 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 May 11, 2006, which reads as follows: "Pursuant to your request of May 2, 2006, the above -referenced petition has been reviewed. The following is noted. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Seeing none, is the petitioner here this evening? Steven J. Schafer, Schafer Development, LLC, 25800 Northwestern Hwy, Suite 720, Southfield, Michigan 48075. Good evening. I'm here on behalf of the site plan approval for the Quail Chase development. One of the items that wasn't mentioned, just so you are all aware, is that we appeared before the Park board about three weeks ago. They are allowing us and endorsing improvements that we're looking to put into the parkland to the north. We did have an opportunity to meet with some of the people on Stonehouse. One of the comments was is, one, they didn't want the road to cul through into Stonehouse, which we've been able to avoid. And two, was there a way for us to do some improvement after that park area, and we intend on doing that with a pathway and some signage. Also, we've put a connection with a dedicated easement inside the subdivision. We did attempt to acquire some property to the south. The 23274 family that lives there is experiencing some family issues right now, and we were not able to come to an agreement with them, but we did let them know that we would be happy to provide utilities and things like that if at some point in the future their property was developed that they would have the ability to access those utilities. What we've been able to do is comply with Lots 1 through 8 with a little bit wider lots. So we have enough square footage on all the lots that are included here. Also, Richfield, which is that back street, does have a 60 -fool right-0iway. We mel with John Hill and then it transitions down into our 50 between Lots 21 and 14 because that area was a bit deficient, but we will be able to run our utilities and the streets will be matching with Mr. Soave's development next door. If there are any other questions, I'll be happy to answer them for you. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: You said you're going to put pathways for improvement and signage. What do you mean by signage? Mr. Schafer: Just labeling it as a city park and if they have a name for it, we'll present it to the Park board. We offered to put signage up if they wanted it, and they indicated that could be a possibility so people on Stonehouse would know that is a park and possibly something off the trail toward the back. Mr. Alanskas: Through the Chair to Mr. Taormina, do we need approval on that type of signage? Mr. Taormina: No, at this stage that's not something that we're concerned with. That's something that Mr. Schafer will work out independently with the Parks Commission. Mr. Alanskas: All right. Thank you. Ms. Smiley: I also understood there's going to be some chairs or benches? Mr. Schafer: Yes, some benches we've spotted on the site. Ms. Smiley: And where would those be located? Mr. Schafer: I believe we spotted a bench out near Stonehouse and then one back in the park, which I don't recall the minutes. I'm not sure that they wanted us to put the one concealed back in the park, but the one on Stonehouse was okay. They just didn't want to 23275 encourage people to just hang out back there. There was some concern with the high school and things like that. Ms. Smiley: Okay. Thank you. Mr. Alanskas: Will those pathways be lighted? Mr. Schafer: No, they will not. Mr. Alanskas: They will not. Mr. Schafer: No. Mr. Alanskas: All right. Thank you. Mr. Walsh: Mr. Taormina? Mr. Taormina: I did have a conversation with the Superintendent of Parks and Recreation this evening, and Ms. Kapchonick did indicate that they would like to see that one bench eliminated from the interior of the park. Thais something that the Commission is considering, but also, she wanted to point out that they have endorsed this plan as Mr. Schafer indicated. They would also like to see some of the maintenance obligations continue on as far as the pathway is concerned by the homeowners association if that is possible. One of the things that they would like to see is annual maintenance of that trail, maybe additional woodchips put down as part of the responsibilities of the homeowners association. Mr. La Pine: Mr. Schafer, between Lots 9 and 8, which is the pathway into the park, is that correct? Mr. Schafer: Yes. Mr. LaPine: Living in a subdivision for many years, when we had a school on the other side of that, we had an easement in there and one of the problems we had with the neighbors on both sides is people going into the park leaving garbage there. Is there a possibility of having some trees or something put in there b keep people from throwing all their garbage in there? Mr. Schafer: We could plant some type of a hedge through there, as well as maybe some split rail fencing or something like that to create a barrier. A hedge would probably be something that we could include. 23276 Mr. LaPine: Now the other thing is, at our study session there was some dialogue to the fad that these lots here that abut this property that you tried to buy but couldn't, that you're going to put some drains and things in there so if they ever develop this, they won't have to rip up your road. Is this right? Mr. Schafer: Yes, and I think you know just due to the personal issues that are going there, this is something that would certainly help at some point in the future. I just fell that it was probably prudent just to put that in because to start boring that or turning that up later when we can just open cul it and put them in, and we'll gel the locations to Engineering. Mr. LaPine: Okay. That's all I have Mr. Morrow: The pathway to the park, what is the width on that, Mr. Schafer? Mr. Schafer: The actual pathway or do you mean the easement? Mr. Morrow: The easement. Mr. Schafer: I think it's about 15 feel if I'm not mistaken. Mr. Morrow: Okay, bullhal's approximate? Mr. Schafer: Yes. Mr. Morrow: I just want to reinforce what Mr. LaPine said. Because of the proximity of the neighbors, there could be a lot of fool traffic through there. So if you can arrange to put that hedge in and put that split rail in to give them a little bit of screening over time and keep them on the path as it were. Mr. Schafer: Yes. I will note that on the plan that I pass up to Council. We'll put notes on there to that effect. Mr. Morrow: Thank you. Mr. Alanskas: This is in regards to putting up a hedge. Hedges grow. Who would be maintaining that hedge as far as trimming? Mr. Schafer: The association will have to maintain it. We'll probably want to take that into consideration, something that doesn't need continuous maintenance but maybe needs to be trimmed once a 23277 season just to keep it in shape, not something that needs on- going maintenance. Mr. Alanskas: Once a season would never work. A hedge grows like once a month. Mr. Schafer: We'll make sure that we note that the maintenance in those areas, as well as the hedge, is maintained as well as the parkland in the Master Deed of the association. Mr. Alanskas: All right. Thank you. Mr. LaPine: The subdivision to the south, which is Soave's, will they have access to the park loo? Mr. Schafer: Yes, that will be a public right-of-way. We'll have sidewalks. People will be able to walk from Mr. Soave's development into this development along the right-of-way on the sidewalks to that pathway. Mr. LaPine: And are you having streetlights and sidewalks? Mr. Schafer: We are anticipating on having sidewalks. Street lighting, I do want to contact Edison. I believe they have a program and I'm going to try to ... and I've done this before in Livonia. I don't know if that's still ongoing, but Edison does have a street light program that they want, and if they are still running that, we will participate in that. Mr. LaPine: Thank you, Mr. Chairman. Mr. Walsh: Are there any additional questions for Mr. Schafer? Mr. Morrow: No questions, I just want to compliment you on pursuing opening up the park to the residents within both subdivisions. You've done a nice job. Mr. Schafer: Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. 23278 On a motion by Smiley, seconded by Morrow, and unanimously adopted, it was #0536-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-05-08-10 submitted by Schafer Development, LLC, on behalf of Quail Chase 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 9229 Newburgh Road in the Southeast''/. of Section 31, be approved subject to the waiving of the open space requirement of the Subdivision Rules and Regulations and the following additional 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 brick; 2. That streeflights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department; 3. 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; 4. That the petitioner shall induce 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 23279 liens on each lot owners property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 5. That the brick used in the construction of each condominium unit shall be full -face four inch (4") brick; 6. That the Site Plan marked Sheet 3 dated February 10, 2006, prepared by Creative Land Planning Commission & Design and M & M Engineering, is hereby approved and shall be adhered to; 7. That a fully detailed Landscape Plan for the open space lot on the northwest corner of Newburgh Road and Quail Chase Lane 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 petitioner shall correct to the Engineering Department's safisfaction the items outlined in the correspondence dated May 9,2006; 11. That the pefifioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated May 8, 2006; 12. 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; 13. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surely bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the 23280 issuance of engineering permits for this site condominium development; and 14. That any improvements to the City -owned property to the north shall be reviewed and approved by he Park and Recreation Department. Mr. Walsh: Is there any discussion? Mr. Morrow: Would it be productive to put anything in the approving resolution relative to the hedge and the split rail fence on the easement area leading to the park? Mr. Taormina: Well, I believe we would want to see that in the form of a detailed landscaped plan that is referenced in Condition #7. That will have to be submitted to the Commission for approval. Mr. Morrow: So that will be incorporated. Thank you. Mr. Walsh: Is there any additional discussion? Mr. Schafer, I'd like to thank you. I think you've mel every single request we've proposed to you. You and Mr. Soave have both worked extremely well together. That helps us out with our job. It helps the neighbors out. I appreciate you worlang with us so cooperatively. Will the Secretary please call the roll? Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 APPROVAL OF MINUTES 924th Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 924th Regular Meeting held on April 25, 2006. On a motion by Alanskas, seconded by Smiley, and unanimously adopted, it was #0537-2006 RESOLVED, that the Minutes of 924th Regular Meeting held by the Planning Commission on April 25, 2006, are hereby approved. 23281 A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, Smiley, LaPine, Morrow, Walsh NAYS: None ABSENT: Shane ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolulion adopted. On a motion duly made, seconded and unanimously adopted, the 926th Regular Meeting held on May 30, 2006, was adjourned at 8:34 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman