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HomeMy WebLinkAboutPLANNING MINUTES 1999-03-23 16725 • MINUTES OF THE 782ND PUBLIC HEARING AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF L!VO IA On Tuesday, March 23, 1999, the City Planning Commission of the City of Livonia held its 782nd Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m. with approximately 75 - 80 interested persons in the audience. Members present: James C. McCann Robert Alanskas Michael Hale Dan Piercecchi *Elaine Koons William LaPine Messrs. John Nagy, Planning Director, Al Nowak, Planner IV, Scott Miller, Planner II, Bill Poppenger, Planner I, Robby Williams and City Attorney, Sean Kavanagh. Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning request,this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing, makes 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 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 filing. 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. Mr. McCann: We are moving the first item on the agenda to the last public hearing item so that it may be heard with the adjoining petition. Mr. Piercecchi, Secretary, announced the first item on the agenda is Petition 99-1-2-2 by Dave and Nicole Bloomingburg (Dave's Collision) requesting waiver use approval to utilize an additional parcel of land and the building contained thereon in connection with the expansion of an existing auto body repair facility located on the south side of Eight Mile Road between Melvin and Louise Avenues in the Northeast 1/4 of Section 2. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nagy: There is a letter dated February 12, 1999, which states: "Pursuant to your 16726 request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal. The following legal description should be used in connection therewith: Lot 137 and the West 65 feet of Lot 138, Storm and Fowlers Country Crest Subdivision, part of the N.E. 1/4 of Section 2, T. IS., R. 9E., Livonia Township (now City of Livonia), Wayne County, Michigan as recorded in Liber 42, Page 74, Wayne County Records. We trust that this will provide you with the information requested. Please feel free to contact this office if you have any questions." The letter is signed by David Lear, P.E., Civil Engineer I. We have a letter dated March 11, 1999, stating: "Pursuant to your request of March 5, 1999, the site plan for the above subject petition has been reviewed. The following is noted: (1) All parking areas are required by Section 13.06 of the Zoning Ordinance to be improved with a minimum six (6) inches of concrete or plant mixed asphalt. All parking spaces are required to be double striped. The site plan is not clear with respect to the rear yard parking. Is it being proposed at this time or sometime in the future? (2) Parking and landscaping deficiencies will require a variance from the Zoning Board of Appeals. (3) The handicap parking space is required to be van accessible (96" wide space, 96" wide aisle). (4) The Petitioner makes reference to installing a new privacy fence on the ear and side property lines as a Phase II objective. If installed, it would be required to be installed at a 25 foot setback from the Melvin right-of-way. (5) The existing fence is at a zero setback on the west property lines. The fence may need some repair and the barbed wire brackets should be removed. (6) All junk cars and car parts should be immediately removed from subject site. I trust this has provided the requested information." The letter is signed by David M. Woodcox, Senior Building Inspector. There is a letter dated March 10, 1999 that states: "This office has reviewed the site plan submitted in connection with a request to construct an addition to a building on property located at the above referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. We have a letter dated March 9, 1999 that states: "In reply to the captioned petition, the Police Department submits the following for your consideration. The privacy fence at the rear property line (south side) should be extended the entire length of the chain link fence; up to the area of Melvin Avenue. Phase II Objectives states that the privacy fence will be extended along the rear and side property lines, but the scaled drawing does not illustrate this change. The sign, which is currently at the location , does not appear on the site plan. The current sign is not a low monument type. If the sign were to be replaced or modified, the Police Department may have concerns regarding sight line visibility for drivers exiting the property." The letter is signed by John B. Gibbs, Police Officer, Traffic Bureau. That is the extent of our correspondence. Mr. McCann: Are the petitioners in the audience tonight? Dave &Nicole Bloomingburg, 4920 Grover, Brighton, MI Mr. McCann: Can you tell us about your plans? 16727 Mr. Bloomingburg: He did explain pretty much what we want to do. On Phase I we plan on removing the fence on the south side of Eight Mile and west aside of Melvin and going down the east side of the property also and putting the paving with the recommended handicap parking spot and the other paring spots and also the widened approach off of Eight Mile with the driveway going to the building which was the first phase that we had planned. Mr. McCann: Are there any questions from the Commissioners? Mr. Hale: Why is that you have this labeled under Phase I and Phase II and do this under one project. Mr. Bloomingburg: We are a family owned business and basically we expended our expenses as purchasing the building and figured out our expenses as to getting the building and doing the first phase and the second phase. We figured the first phase to around$25,000 to $28,000 and the second phase we figured somewhere around $20,000 to $23,000 and financially we just couldn't do it at one point. Mr. Hale: How are you financing this project? Mr. Bloomingburg: Self-financing. Mr. Hale: You own the building? Mr. Bloomingburg: Correct. Mr. Hale: You didn't think about any financing to get the job done under one project instead of having it under two different phases? Mrs. Bloomingburg: We bought the building under a land contract. We are still under a land contract with that building. Mr. Hale: What is the total time frame you are talking about for both phases? Mr. Bloomingburg: The first phase we plan on starting as soon as possible as far as this spring as soon as the weather permits. The second phase would be started within a 12 month period or at least the parking in the back where the vehicles are will at least be done as far as attempted to get some of the parking in there on the first phase also the pavement in the back towards the north side of the property. Mr. Hale: Thank you, I don't have any further questions. Mr. Alansk : As you know,three of us were out there to visit your facility. Of the twenty cars since Saturday, how many have you gotten rid of? Mr. Bloomingburg: We are probably down to about 15 and there are some more going out tomorrow and some of the sheet metal is going out also. 16728 Mr. Alanskas: How long do you think it will take to take care of all 20 out of there completely of the left side of the building? Mr. Bloomingburg: I'm sorry? Mr. Alanskas: How long do you think, time wise, will it take to get those cars out of there? Two weeks? A month? Mr. Bloomingburg: As far as all 20? Mr. Alanskas: -.Yes. Mr. Bloomingburg: There's not suppose to be any parking back there? Mr. Alanskas: No. None at all. Mr. Bloomingburg: Under the first plan we had I believe there was allowed at least parking for five cars. Mr. Alanskas: You can have cars parked back there but you can't have cars disabled back there. Mr. Bloomingburg: I misunderstood you. As far as disabled cars I would say two weeks to a month. Mr. Alanskas: Seeing what you want to do I think it is a great asset, if you do it. Mr. Bloomingburg: If you came by Saturday and came by today you would see that several things were moved and after you left Saturday, we were cleaning up. There was quite a bit moved from the premises and they are still doing it. Mr. Alanskas: Did you get rid of all that junk/battery at the side of the building? Mr. Bloomingburg: Yes sir. Mr. LaPine: I think we are all sympathetic with what you want to do and a few months ago I told you that you were going to have a problem with all the cars you had parked there. We are all sympathetic that you want to increase your business and but we are also sympathetic that there is a mess back there with tires and bumpers, it all has to be cleaned up. If you are willing to show us that you are going to clean that up back there that maybe some of us feel we can table this until you show us that you are going to clean up the premises and then we will go ahead and give you our approval. I've got not objection to your phase one and two but we have to have a definite answer if we do within 15 or 18 months that you are going to start phase two. Mr. Bloomingburg: I said approximately within 12 months if not sooner. 16729 Mr. LaPine: We can't have a situation like in the past where we have gone along with people and three or four years down the road and they haven't even started the first phase. Mr. Bloomingburg: I understand. As you know, you were over there, the situation that needs to be addressed is the dirt and everything that is over there. Mr. LaPine: We want you to expand your business but you have to admit that there is a lot of junk back there. Mrs. Bloomingburg:You have to understand that we had two feet of snow and over the winter it does get bad. Mr. LaPine: Thank you. Mr. Alanskas: John, did you say the side yard setbacks have to be 25 feet off of Melvin? Mr. Nagy: Correct. When you have a corner lot your side yard on the street is even closer. Mr. Alanskas: We are only showing 10 feet on the site plan. so you are deficient by 15 feet. You've got to pull that fence in 15 feet. Are you aware of that? Mr. Bloomingbug: No. Mr. Alanskas: Right now it is only 10 feet. Mrs. Bloomingburg: I don't know if there is enough room with the building there. Mr. Bloomingburg: With the way the building is, I'm almost sure there's not 25 feet. Mr. Alanskas: Then you've got a problem. Mr. LaPine: Then you'll have to go to the Zoning Board of Appeals. Mr. Nagy: That is why in the Inspection Department report indicated that some of these deficiencies might have to be taken tot he Zoning Board of Appeals. Mr. McCann: If there are no more questions from the Commissioners, I am going to go to the audience. Norm Kanagy, 20517 Louise. I live directly east of Dave's Collision. I built a brand new house there 2-1/2 years ago. I am stuck with the barbed wire fence. When I first built the house,Dave came to me to build a privacy fence. It has yet to happen. I have pictures of what the Planning Commission is talking about. About all the junk vehicles,they have been there for three years, they have not been moved. They have outside painting. I have 16730 pictures of outside painting outside of the building because that building is very small. I have done a beautiful job of landscaping my yard and I have two small little boys and I don't want to be smelling fumes like I do every summer. Every time the weather is good the doors go up on his garage and we have painting fumes all throughout the neighborhood. I don't want to be subjected to that on a bigger scale with a bigger building. I do have the pictures to show you. Mr. McCann: You can pass the pictures over. Mr. Kanagy: Because of that, unless like the Planning Commission said there is going . to be a privacy fence on my property, I've got a barbed wire fence I'm facing right now. It looks like a prison back there. I was going to come to the City this year and ask for a variance so I could build myself a fence. I was promised a privacy and it has never happened. I would like to keep my property values there. With the a bigger building and open doors and the fumes coming out when the weather is good and the junk cars back there which has never changed since the day I moved in, I am very much against it. Thank you. Sharon Jason, 20413 Louise. I have a question. Is there an ordinance against noise level and the odor that we smell? Not only the odor, but the noise is very offensive. We are very close to Eight Mile and this compared to that traffic is very offensive. I am also in my yard a lot and I have a small child and there have been times when we had to go into the house because of the smell and the noise. So I am just wondering if you know of any other complaints of the odors and the noise. It is very offensive. Mr. McCann: That is one of the things they want to have an indoor painting booth but they are not allowed to have outdoor painting. Have you checked with the City Inspection Department when you have had problems? Ms. Jason: No. I have not complained. I guess I am complaining now Mr. McCann: That is what we are here to look at. John do you have anything to add. Mr. Nagy: No but you are right, we do have a noise ordinance as well as an odor ordinance. We can refer both those matters to the Inspection Department to have those re-evaluated to see if there is a lack of compliance. Ms. Jason: I would like to say that this is hearsay but I have heard that he has worked on city vehicles in the past I would hope that your decision would not be bias because of this. Mr. McCann: Until you brought it up we would have never known whether they did or didn't. Ms. Jason: Well, I don't know,that's all I have to say. 16731 ty Jim Redmond, 29917 W. Eight Mile, I own Evergreen Sprinkler on the corner of Louise. My complaints are much like my neighbor, Norm. I smell fumes in the summer, much like he does and I want to know in that area in particularly what are the provisions for ventilation for this operation. Also I don't understand if this existing building on the corner that they purchased from Taylor Landscape. Is this building to be renovated, to be used as is. This building goes back to the1940's and certainly is not a provision for a bump/collision shop. I haven't had any explanation on that what the provisions are for that building. Mr. McCann: I am going to let the petitioner come back up and address some of these - .issues because these are the same concerns we would have. Mr. Redmond: I can understand an expansion and I can go along with that if the parking area is cleaned up. It is nothing but a total area of junk cars and the fume situation. I just want to know what the expansion provisions are here with the structure and the air pollution factors. Mr. McCann: Sir, I don't see anybody else wishing to speak so I am going to give you the last opportunity to speak and I would like you to specifically address those points, including painting outdoors, keeping the doors open during the summer and these issues that concern your neighbors. Mr. Bloomingburg: We have a paint booth that OSHA, I can get you a number, has been by several time and checked because of complaints. They have checked our filter systems, they have checked the fume systems and they o.k.'d us as far as stack size OSHA is pretty much on top of things as far as the environment. They have o.k.'d everything as far as specs to OSHA. As far as the doors open, we do have the doors open in the summer time because it is warm but there is no painting done outside. The stuff in back, I agree that there quite a bit of excess debris but on a daily basis I am having the rubbish removed and the excess cars are being removed. Mrs. Bloomingburg: One of the neighbors did complain about fumes about a year ago and a gentleman from OSHA did come by and inspect it. I spoke to him and you are going to smell fumes no matter what kind of filtration system you have, it filters it from going into the atmosphere. There are still going to be fumes. Especially in the summer when people are outdoors and the wind blows their way, you are going to smell fumes once in awhile. Unfortunately, in our business there are fumes. OSHA did write us up that we were in compliance with everything. The only painting that goes on outside is with a spray bottle. His question about the building that we bought we eventually will tear that building down and expanding our existing building. But financially we are not able to do that at this time. There is no painting done out of that building next door whatsoever. Mr. LaPine: How long have you operated there as the collision shop? Mr. Bloomingburg: Since 1980. 16732 Mr. LaPine: Wasn't there somebody else in that building? Mr. Bloomingburg: I believe there was a wholesale plumber. Mr. Alanskas: I visit a lot of bump shops. Usually in the summertime when bump shops have a lot of work to do if they are only doing a fender or a slight minor repair, they will prime the fender not going into the paint booth. I'm sure you do it too, you are not alone. This is where you get all your paint fumes. If you do all your painting in the paint booth completely, with the doors closed and the vehicle inside where you don't do spot painting --in your facility, you are not going to have fumes. You are going to cut a lot of it out. Right or wrong? Mr. Bloomingburg: OSHA was over there, they inspected it Mr. Alanskas: They can't be there 24 hours a day sir. Mr. Bloomingburg: I understand that. With them being over, and we try to respect the neighbors in the area, we try to do paint everything in the paint booth and if you stand outside you will get some fumes out of that stack. Mr. Alanskas: Trying to do all your painting in the paint booth and doing it is two different things. What I am trying to say is that people in your business don't do all their painting in a paint booth. Mr. Bloomingburg: I frown on that and I don't allow it. If it is done, I don't know about it. On a daily basis I try to stay by that rule as doing everything in the paint booth. Mr. McCann: I am going to close the public hearing. Mr. Piercecchi: I am going to make a motion to table this petition. Mr. Bloomingburg, I and others would like to accommodate you in your efforts to expand your business facilities which include expanding the work stations in your current building from three to four stations and to utilize the western parcel for parts storage because I have been told that you do have an excellent work ethic. However, since your record of housekeeping needs first of all to be addressed and the fact that you are using the western parcel now without waiver approval, we must have assurances of your time table which was referred to by Commissioner Hale which you are going to use to expedite your plan and correct certain deficiencies which are now in place. I and other others would like for you to show a real show of good faith, I know you started doing it, by doing all the maintenance tasks which would approve the aesthetics as well as the safety aspects of your site. You don't need City approval to remove partially disassembled vehicles along with scrap,auto parts, tires and other debris stored outside in your rear yard. You don't need City approval to remove move the chain link fence in the front yard even with 16733 the rear building wall. You don't need our approval to increase your landscaping to meet the ordinance requirements, to remove the canopy and support poles in the rear yard, to extend the privacy fence, as one of your neighbors mentioned, along the southern boundary and portion of Melvin street or to pave the rear the lot or to paint the buildings. When all or most of the noted items have been addressed, I for one would be very happy to recommend to Council that your petition requesting waiver use be approved and that a zoning compliance permit be grant. At this juncture however I think the best interest of the City and your neighbors would be to table your petition at this time. Mr. McCann: We have the next regular meeting on April 20, 1999. Mr. Piercecchi: I don't think we should set a date until we can look and see just what the status is of that facility before we go on with this petition. Mr. McCann: I want to get the neighbors involved as to the building and as what type of device and controls can be put in to elevate the problem of noise and what protective walls will be necessary around the property and all the issues that we can deal with their neighbors. We have a 60 day limit before we can make a recommendation. Mr. Piercecchi: Well, let's stretch it out to the limit. Mr. McCann: My suggestion is, how about if we put it off to the study next week to look at it that gives him three weeks to work on cleaning it up. Mr. Piercecchi: Next week, I wouldn't say that's three weeks. Mr. McCann: Because there are no meetings for the next two weeks. The next meeting would be April 20. That would provide three weeks for him to start working on it and we can take a look at it then. So we will table it to April 20. We are going to take a look at it next Tuesday on the 30th and we are going to invite the neighbors there so that you have time to start addressing some of the concerns and modifying the plans as appropriate to meet all of your neighbors concerns. Mr. Alanskas: He also needs to get back with the Planning Department, Mr. Nagy, because you are going to have to ZBA and ask for a variance for that setback. That is going to take time also. On a motion by Mr. Piercecchi, seconded by Mr. Alanskas, and unanimously approved, it was On a motion by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was t,. #3-43-99 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on March 23, 1999 on Petition 99-1-2-2 by Dave and Nicole Bloomingburg (Dave's Collision) requesting waiver use approval to utilize an additional parcel of land and the building contained thereon in 16734 connection with the expansion of an existing auto body repair facility located on the south side of Eight Mile Road between Melvin and Louise Avenues in the Northeast 1/4 of Section 2, the City Planning Commission does hereby determine to table Petition 99-1-2-2 to the Study Meeting of March 30, 1999. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. To the neighbors, you are invited to attend the meeting. It will be in the Third Floor Conference Room, 7:30 p.m. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-2-2-4 by James K. Wegerly(Pugh Shows, Inc.) on behalf of the Livonia Rotary Club requesting waiver use approval to operate a carnival consisting of rides, games and food concessions from May 6, 1999 through May 16, 1999, inclusive, in a portion of the Livonia Mall parking lot located north of Seven Mile Road between Middlebelt and Purlingbrook Roads in the S.E. 1/4 of Section 2. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nagy: We have a letter dated February 25, 1999, which states: "Pursuant to your request,the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal. The following legal description should be used in connection therewith: That part of the S.E. 1/4 of Section 2, T. 1 S., R. 9E., City of Livonia, Wayne County, Michigan and described as being a distant S. 89°47'00" West, 720 feet and N. 0°13'00" W., 60 feet; thence proceeding N. 0°13'00" W., 350 ft.; thence S. 89°47'00" W., 240 ft.; thence S. 0°13'00" E., 350 ft.; thence N. 89°47'00" E., 240 ft. to the point of beginning. Containing approximately 84,000 sq. ft. or 1.93 acres. We trust that this will provide you with the information requested. Please feel free to contact this office if you have any questions." The letter is signed by John P. Hill, Assistant City Engineer. There is a letter dated March 2, 1999, which states: "This office has reviewed the site plan submitted in connection with a request to conduct a carnival sponsored by the Livonia Rotary Club. Consisting of rides, games and food concessions May 6 - 16, 1999, on property located at the above referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal, Livonia. There is a letter dated March 9, 1999,that states: "Recently Mr. Wegerly and I spoke regarding his request for a carnival at the Livonia Mall. I had previously addressed my concerns to the Planning Commission in regards to the storage location of the trucks. Mr. Wegerly assured me of the following regarding my concern: (1) There will be no motors running on the stored trucks during late hours, especially between 11:00 p.m. to 700 a.m. This includes motors on any refrigeration trucks. (2) There will be no living quarters at the location of the stored trucks. Mr. Wegerly was satisfied with the hours of operation requested by the Police Department. It would appear that the Police Department's concerns have been addressed and resolved. There is no objection to the plan as currently submitted and agreed upon." The letter is signed by John B. 16735 Gibbs, Police Office, Traffic Bureau. There is a letter dated March 11, 1999, which states: "Pursuant to your request of March 8, 1999,the site plant for the above subject petition has been reviewed. The following is noted. (1) All temporary structures(rides, concessions, etc.) should meet the minimum setbacks for this zoning district. I trust this has provided the requested information." The letter is signed by David M. Woodcox, Senior Building Inspector. We have a letter dated March 15, 1999, stating: This Division does not see any issues at this time in respect to fire safety that would prevent the Pugh Carnival at Livonia Mall. It should be noted that this opinion is based on this Division accomplishing a pre-opening fire inspection which is standard for this type of activity." The letter is signed by James Corcoran, Fire Marshal. That is the extent of our correspondence. Mr. McCann: Is the petitioner here? James K. Wegerly, 3041 Serenity Road, Oakland, Michigan and I also have Mr. David Cameron from the Livonia Rotary Club with me this evening. Mr. McCann: Is there anything special you want to tell us this evening? Mr. Wegerly: Well, it is basically a fund raiser for the Rotary Club and hopefully a promotional activity for Livonia Mall. I think as we expressed in our letter we certainly are familiar with the rules and regulations here in Livonia and we hope that you will look favorably upon our request. Mr. McCann: Thank you. Are there any questions from the Commissioners? Mr. Alanskas: Your shows do an excellent job here in the City of Livonia and I think you should be commended for that. Didn't last year at the Livonia Mall you have a setback of 40' from the area. Not so close to the front. Mr. Wegerly: That was at the Wonderland Mall. I can't really recall exactly how far back it was. Mr. Alanskas: I think we had you push it back 40'. Would it be a problem for you to push this back 40'? Mr. Wegerly: No, I don't think so. Mr. Alanskas: Because it looks like you are right at the road and it is too close. Mr. Wegerly: There is a sidewalk there and a berm. At what point would you like us, from what point would you like us to use. Mr. Nagy: From 40' from the back of the sidewalk. Mr. Wegerly: 40' from the back of the sidewalk? Not a problem. 16736 Mr. Alanskas: Had you considered using the parking lot of HQ across the street? Where you have all the room you want because it is a vacant lot. That whole thing is empty. Mr. Wegerly: Are you talking in front? Mr. Alanskas: HQ across the street from the mall. That whole thing is just empty. Mr. Wegerly: Is it owned by the same company? Mr. Alanskas: It is HQ - HomequartersBuilders Square. They have closed that store and it has been closed for the last few months and that whole thing is empty. So you have this huge parking lot where you could have had all the room you wanted. Mr. Wegerly: That is a great suggestion. Maybe we will look into that for next year. Mr. Alanskas: Hopefully it won't be empty next year. Mr. LaPine: John, the letter we have from Pugh Shows states that the security is going to be provided by the City of Livonia Police Department. I assume we are talking about our special police department which will be paid for by the Pugh Shows and it isn't anexpense to the City. Mr. Nagy: That is correct. Mr. McCann: I am going to go to the audience. Is there anyone in the audience wishing to speak for or against this petition? Seeing no one, I am going to close the public hearing. A motion is in order. On a motion by Mr. LaPine, seconded by Mr. Hale and unanimously approved, it was #3-44-99 RESOLVED that, pursuant to a public hearing having been held on March 23, 1999, by the City Planning Commission on Petition 99-2-2-4 by James K. Wegerly on behalf of the Livonia Rotary Club requesting waiver use approval to operate a carnival consisting of rides, games and food concessions from May 6, 1999 through May 16, 1999, inclusive, in a portion of the Livonia Mall parking lot located north of Seven Mile Road between Middlebelt and Purlingbrook Road in the S.E. 1/4 of Section 2, the City Planning Commission does hereby recommend to the City Council that Petition 99-2-2-4 be approved for the following reasons: 1) That the carnival shall be limited to the dates as specified by Pugh Shows, Inc., which are May 6, 1999 through May 16, 1999, inclusive; 2) That the proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 16737 3) That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 40 feet distant from the Seven Mile Road right-of-way line; 4) That all trucks and other related transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer to the adjacent residential properties than the distances shown on the site plan; 5) That there shall be no motors running on the stored trucks during late hours, especially between 11:00 p.m. to 7:00 a.m. including motors on any refrigeration trucks; 6) That there shall be no living quarters at the location of the stored trucks; 7) That the hours of operation of the carnival shall be as stated in a letter dated March 5, 1999 from James K. Wegerly, President of Pugh Shows, Inc. for the following reasons: 1) That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the site has the capacity to accommodate the proposed use; 3) That the use of the subject property for carnival purposes will not interrupt the normal traffic flow and circulation in the area and will not impede access to the Livonia Mall; 4) No objections have been received from any reporting City department. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-2-2-5 by Rocky Zebari requesting waiver use approval to utilize SDD (packaged liquor) and SDM(packaged beer and wine) licenses within an existing building located on the northeast corner of Middlebelt Road and St. Martins Avenue in the S.W. 1/4 of Section 1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter dated March 4, 1999, which states: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal. The following legal description should be used in connection therewith: The North 45 feet of the 16738 South 70 feet of the East 70 feet of the West 152 feet of the following described parcel: Lot 437, except the East 40 feet and Lot 438 except the West 27 feet of Supervisor's Livonia Plat No. 7 of the West 1/4 of the Southwest 1/4 of Section 1, T. IS., R. 9E., City of Livonia, Wayne County, Michigan as recorded in Liber 66, Page 58, Wayne County Records. We trust that this will provide you with the information requested. Please feel free to contact this office if you have any questions." The letter is signed by David Lear, P.E., Civil Engineer. There is a letter dated March 5, 1999, that states: "In response to the captioned petition, the Police Department has no objection to the site plan as submitted. Inspection of the site did reveal that the handicap parking sign post appeared to have been struck by a vehicle sometime in the past. The post needs to be straightened." The letter is signed by John B. Gibbs, Police Office, Traffic Bureau. There is a letter dated March 11, 1999 which states: "Pursuant to your request of March 3, 1999,the site plan for the above subject petition has been reviewed. The following is noted. (1) There is an existing SDM establishment within 500 feet of this proposal. The City Council would have to waive the 500 feet separation requirement. (2) The parking areas are in need of minor repair. (3) The building fascia on the west and south elevations are in need of minor repair. (4) The existing pole sign needs to be painted. (5) Guardrails and handrails will need to be installed at the rear landing and stairs. I trust this has provided the requested information." The letter is signed by David M. Woodcox, Senior Building Inspector. That is the extent of our correspondence. Mr. McCann: Is the petitioner here? Rocky Zebari, 37731 Stableview, Farmington Hills, Michigan. Mr. McCann: Want to tell us why you want to move your store to this location? Mr. Zebari: It is a better location and it is more properly zoned for my business. For the past couple of years, my business has been declining and I have to make a move. Mr. LaPine When we were out there Saturday where the hockey shop once was there used to a sign up there "Hockey Shop" which is now down, do you own that whole thing or is it two separate buildings? Mr. Zebari: No. The Hockey Shop is located in two different shopping centers. I don't know how that happened. His sign is on the next shopping center, I don't have anything to do with it. Mr. LaPine: Are you only taking this one building? Or are you buying a part of it? Mr. Zebari I am buying half of the Hockey Shop and the rest of the south side of the building. Mr. LaPine: So that is why the sign was taken down. Are you buying it or leasing it? 16739 Mr. Zebari: No, I am buying it. Mr. LaPine: The front parking lot is not in too bad shape but the rear needs some work on it. Are you going to be patching it up or fixing it up? Mr.Zebari: I noticed that. I will be fixing it up. I already notified the landlord. There is nothing I can do right now because it is not mine. Mr. LaPine: All of the violations by the Inspection Department will be taken care of? Mr. Zebari: I am very aware of them. I will take care of them. Mr.LaPine: What is going to happen to your store on Eight Mile? Mr. Zebari: I will put it up for lease. Mr. Piercecchi: Sir, that whole fascia on the building is in pretty bad shape. Is that entire fascia going to be your responsibility. Mr. Zebari: What is going to be mine, will be all around there. Mr. Piercecchi: How much of it is going to be left? Mr. Zebari: The front is about 110'and I will do the entire 110'and the side of the building too. Mr. Piercecchi: So in other words, the fascia on the front building will all be put up to at the same time? Mr. Zebari: Yes sir. Mr. Piercecchi: There is another issue brought up in the letter by Mr. Woodcox. The existing pole sign, will that be your responsibility? Mr. Zebari: No. There is no pole sign. That belongs to the other shopping center. It belonged to the Hockey Shop, it is their responsibility. Mr. Piercecchi: That is the one I was referring to. So that will not be your problem? Mr. Zebari: No sir. Mr. Piercecchi: You realize you have to get Council to waive the 500 feet? Mr. Zebari: Yes. Mr. Piercecchi: That is all Mr. Chairman. 16740 Mr. McCann: I am going to go to the audience. Is there anyone in the audience wishing to speak for or against this petition? Seeing no one, I am going to close the public hearing. A motion is in order. On a motion by Mr. Hale, and seconded by Mr. Alanskas, and unanimously approved, it was #3-45-99 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on March 23, 1999 on Petition 99-2-2-5 by Rocky Zebari requesting waiver use approval to utilize SDD and SDM licenses within an existing building located on the Northeast corner of Middlebelt Road and St. Martins Avenue in the S.W. 1/4 of Section 1, the City Planning Commission does hereby approve subject to the waiving of the 500 foot separation requirement relative to SDM licenses as set forth in Section 11.03 • (r)(1) of the Zoning Ordinance#543 by the City Council and to the following additional conditions: 1) That the petitioner shall rectify to the Inspection Department's satisfaction, the problems and site deficiencies as outlined in their correspondence dated March 11, 1999; 2) That dryvit shall be placed on the full width of the canopy fascia on the front of the building and the dryvit shall also be continued along the top 5 feet the full extent of the south elevation as depicted on the perspective drawing marked Drawing Number 99-0212 prepared by Seymour Zate, Architect, dated February 3, 1999; 3) That the dumpster enclosure to be provided adjacent to the rear wall of the building shall be of masonry construction and shall have wood gates which shall be properly maintained and when not in use, closed at all times; 4) That no signs are approved with this petition and any new signage, either freestanding or wall mounted, shall be submitted for review and approval by the Planning Commission and City Council. for the following reasons: 1) That the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2) That the subject site has the capacity to accommodate the proposed use; 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area; 4) That the granting of this petition will not increase the number of SDD and SDM license facilities in the general area. 16741 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: Is there any discussion? Mr. LaPine: Did we include in the motion that all of the violations mentioned by the Inspection Department will be taken care of? Mr. Hale Yes. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-2-2-6 by Brazen& Greer Masonry, Inc., requesting waiver use approval to stockpile material outdoors in connection with a masonry contacting business located on the south side of Amrhein Road, east of Eckles Road in the S.W. 1/4 of Section 30. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: There is a letter dated March 5, 1999 which states: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal or the legal description contained therein. We trust that this will provide you with the information requested. Please feel free to contact this office if you have any questions." The letter is signed by David Lear, P.E., Civil Engineer. We have a letter dated March 16, 1999 which states: "In reply to the petition for outside storage of materials, the Police Department Traffic Bureau has no objections. The following were observations of the property which do require attention: (1) Litter on the eastside of the building near the tree line; appears to have been an illegal dumping (couch and building materials). (2) The fence line on the west side needs to be reattached to the posts at areas where it is no longer secured." The letter is signed by John B. Gibbs, Police Office, Traffic Bureau. There is a letter dated March 17, 1999 that reads: "After visiting the site in question and reviewing the plan submitted, I can see no life safety issues which should prevent the stockpiling of non-combustible masonry contracting materials. If you require further information in reference to the above, please do not hesitate to contact me." The letter is signed by James E. Corcoran, Fire Marshal. There is a letter dated March 18, 1999, that reads: "Pursuant to your request of March 12, 1999, the site plan for the above subject Petition has been reviewed. The following is noted. (1) The site plan does not indicate the number of parking spaces provided, how they are striped or where the barrier free parking spaces are located. (2) Is the existing chain link fence on the east property line going to be replaced? The fence that is currently erected appears to be temporary in nature. I trust this has provided the requested information." The letter is signed by David M. Woodcox, Senior Building Inspector. That is the extent of our correspondence. Mr. McCann: Is the petitioner here? Mdse Ochinero, 6117 S. Miami, Ypsilanti. 16742 Mr. McCann: Can you tell us a little bit about your project? Mr. Ochinero: I certainly will. We are an expanding masonry contractor. We are looking for a bigger building to accommodate our growing business and we found this building on Armhein Road and what we do, when we complete a project there is always building materials left over, brick and masonry materials. We need a place to temporarily store until we go on to another project or we dispose of it. Also we do own and maintain some cranes and heavy equipment. Most often this equipment is in the field and in use at all times, that is how we make money with it, but occasionally we have to bring it into the shop. We have a 60,000 sq. ft. area to work on these. Mr. Alanskas: Did you say 60,000 sq. ft.? Mr. Ochinero: The numbers escape me but it is a large area. Occasionally we like to bring our equipment in to work on it. It will be inside the building as far as the cranes and hi-lows and everything. It requires that we leave the crane parked outside for a day or two. I'm not talking about a crane high in the air the boom would be lowered. That is what we need to maintain our equipment. That is basically it in a nut sheet. Mr. Alanskas: We were out there Saturday to look at this. As far as your forklifts, trucks and cranes, how many do you have? Mr. Ochinero: We have a total of three cranes and own and maintain about 10 to 12 hi- lows. Once again they are in the field at all times except when we bring them in it is to provide preventive maintenance on them. Mr. Alanskas: How about trucks? Mr. Ochinero: We have approximately two low-boys that we haul the equipment with. We own one stake truck that we move plank and scaffolding,just small stuff. We have the smaller pickup trucks that the supervisory personnel drive. Mr. Alanskas: We are talking about 20 pieces. You said everything is stored in the building? Mr. Ochinero: Everything is stored inside the building. Mr. Alanskas: The cranes, hi-lows and everything? Mr. Ochinero: If there is a time that they have to be stored, for example in the winter,or if they are not in use, they will be inside the building. Mr. Alanskas: Some of that equipment is very heavy and some areas of the parking lot are in very bad shape. Are you going to repair that lot? 16743 Mr. Ochinero: Yes, we definitely are. Mr. Alanskas: How are you going to repair it? Mr. Ochinero: As far as the parking lot? Mr. Alanskas: Yes. Mr. Ochinero: As far as the area you drive in, it is not as in bad of disrepair as the parking lot itself. The equipment will not be in the front parking lot. It will be in the parking lot closer to the building and it will not be on the striped area. There is a concrete slab that, I assume that it is thicker than the asphalt. Mr. Alanskas: In regards to the asphalt that needs repair, you are going to repair that? Mr. Ochinero: Yes Mr. Piercecchi: I believe that your request for storage is in an appropriate area. I do believe that we could improve on it just a little bit. You can really see that back yard from Armhein. If you would build a berm there and landscaping it I think if you would screen that and I think you would eliminate any future hassles from the homes and the people in the area. Would you consider building a berm and landscaping it with some pine trees to shield it? *Mrs. Koons arrived - 8:15 p.m. Mr. Ochinero: That versus a fence. Mr. Piercecchi: A fence doesn't shield it. But a berm goes up to the top of the fence. You could put some pine trees back there and you could feel very comfortable back there. People do store and sometimes it can be neat and you can't be there 24 hours a day. Mr. Ochinero: We would have no problem with that. Mr. Piercecchi: Then you certainly have my support. Mr. LaPine: The blocks and bricks that you have stored out there, is that the extent of what you have stored out side, concrete blocks? Or will you have a lot more there? Mr.Ochinero: Basically, blocks, bricks and we have been getting into prepoured walls and preformed channels. That probably would be stored there too. Which would not be stacked. t,, Mr. LaPine: That was my point, you are not going to have them stacked? Mr. Ochinero: No. 16744 Mr. LaPine: The other point about the paving, when you have this heavy equipment, going in and out it is going to tear up the asphalt a lot, you should take that into consideration on your repair. Going in there with that heavy equipment that parking lot is going to be in bad shape. Mr. Ochinero: Once again the drive off of Armhien Road, I think is concrete. Mr. LaPine: No, I think it is asphalt. Mr. Ochinero: We just moved in here, that is why I am a little vague on this. Mr. McCann: Are there any further questions? I am going to go to the audience. Is there anyone in the audience wishing to speak for or against this petition. William Kruse, President of UAW 162, 12432 Eckles Road, Livonia and also here on behalf of my neighbors of the Polish Legend of the American Veterans that is located nearby. We have some concerns about the fence and the stacking that is already started. We want to know if the fence is going to remain in tact and that we're not going to have an eyesore falling over on us or adjacent to us or vapors or fumes or anything like that is going to disturb our activities we have there going on with our membership. Mr. McCann: Can you address those concerns. Mr. Ochinero: Yes I can. Those are good questions. We have no problem, we are a masonry contractor. We have no problems building a new fence or whatever it takes out of the proper building materials or like you mentioned earlier, a berm. As far as the fumes, there is not enough traffic in there. Mr. Kruse: I have just seen you start to move in, I don't know what's coming later. Mr. Ochinero: We want to be good neighbors. We want to do what is takes. Mr. McCann: We do have some concerns there. John, some suggestions from you as far the berm and the height of the berm and what protection can we expect the petitioner to do along Eckles as well as Amrheim? Mr. Nagy: The drawing proposed is silent on all those issues. We need documentation to establish clearly on the record as to what is being proposed,what kind of materials are going to be used both for the fence as well as the height of the berm and the quantity of landscaping so I would suggest that the plan be revised and we would be happy to work with the applicant along those lines and help him prepare those plans to address those issues. Mr. McCann: Would you suggest that we table this petition? Mr. Nagy: Right. And let us work it out and get it back in shape for your final consideration. 16745 Mr. McCann: Thank you. In the meantime you can be back in touch with the staff and I am sure the petitioner will give you his card before he leaves tonight so you can address those concerns. Is there anyone else in the audience wishing to speak for or against this petition? Seeing no one, I am going to close the public hearing. A motion is in order. Mr. Alanskas: He also needs to check what he needs for the parking lot. Mr. Hale: If he could also give us some indication as to what type of material that fence would be, what type of masonry material you would be using bricks or what, we would like to know that. Mr. Ochinero: It would probably be brick, something that would match the surrounding building. Basically we could build it out of anything that looks good. Anything that you want. Mr. McCann: A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. LaPine, and unanimously approved it was #3-46-99 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on March 23, 1999, on Petition 99-2-2-6 by Brazen and Greet Masonry, Inc., requesting waiver use approval to stockpile material outdoors in connection with a masonry contracting business located on the south side of Amrhein Road, east of Eckles Road in the Southwest 1/4 of Section 30, the City Planning Commission does hereby determine to table Petition 99-2-2-6 to the meeting of April 20, 1999. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution aodpted. Mr. Piercecchi, Secretary announced the next item on the agenda is Petition 99-2-6-1 by the City Planning Commission pursuant to Council Resolution#405-98 and Section 23.01(a) of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 2.08, 4.02 and 4.03 of the Livonia Zoning Ordinance to set forth zoning requirements for family (1 to 6 children) and group (7 to 12 children) day care homes in residential districts. Mr. McCann: John, I am going to go to you to start with regard to a brief description and the purposes of the amended ordinance. Mr. Nagy: This petition was initiated pursuant to a Council resolution. The Council recognizing the need in the community both for family care and group care children facilities. In recognition of that fact and the fact in large fact that many facilities and addressing in the community, the zoning ordinance itself C ' was silent with respect to any standards or rules or regulations for those uses. �r The City Council felt it was in the best interest of the public and the community to have regulations in place that would actually address the 16746 development of those the proximity of one use to the other and some of the health, safety and welfare issues that are associated with it. To that end a draft ordinance was prepared after much discussion with the community involved along with our Law Department and various committees of the City Council. Language was ultimately prepared in draft form by our Law Department and was again reviewed at the Council level and further amendments and adjustments were made and forwarded on pursuant to the Council resolution that you referenced for the Commissions to hold a public hearing and thereafter give a report and recommendation regarding that amendment. Mr. McCann: John, we talked earlier about the pertinent parts of the amendment and before I open it up to the audience, Mr. Kavanagh are you prepared to speak on this or just to answer questions? Mr. Kavanagh: I am ready. Mr. McCann: Is there anyone on the Planning Commission that has any questions for Mr. Kavanagh regarding the amended ordinance. Mr. LaPine: I have some concerns about how the City can be liable? Can we put in the ordinance whereby the petitioner has to have insurance or liability insurance of X number of dollars so that if there is a lawsuit and something is not in the ordinance that should have been covered we want the City protected so they can't come back to the city and sue the city because it was not in the ordinance. Mr. Kavanagh: State statutes control what city's can put in their zoning ordinance for the city to be liable for any injuries that may occur or any neglect, any omissions or errors that may occur at one of these family day care homes or group day care homes, there would have to be a special relationship between the City of Livonia and that group day care home or family day care home. That is tantamount to a citizen suing the City for the services of the Fire Department or Police Department not arriving in time to prevent a fire from spreading or prevent a crime things like that. In other words, the City has been warned ahead of time that this problem is going to occur and fails to act and that is very rarely enforced, the City wouldn't be liable in a civil liability or anything that might occur in one of these family day care homes. As far as whether or not the City can insist whether that an insurance policy be held by these providers, I would say no that the City has no legitimate interest in doing that since we would not be the insured nor would we be the beneficiary to that policy. The state of Michigan itself has certain requirements, not only requirements but in the administrative rules. A lot of them are safety related issues, fire distinguishes and things like that but the city cannot order in its ordinances that insurance policies be required. Mr. LaPine: The reason I bring it up, I notice that in Huntington Woods in their ordinance, they do have a certification, a certain amount of liability insurance. The insurance company has to notify the city if at any time that insurance lapses or anything of that nature. I quite frankly think it is a good idea and it gives us some protection 16747 Mr. Kavanagh: We have reviewed about 14 ordinances from townships and cities and 14 of them have things that are contrary to state law. You can put it in there if you want. If somebody challenges you, I am not going to tell you that right now that challenge will or will not be upheld in Circuit Court. Mr. LaPine: Now a days people sue for anything. The city can be sued by anybody and a decision can be made by a judge or a jury. Another thing that disturbs me, the state of Michigan sets the rules, now how do we know it has all the things that are needed for the protection of a child, such as a C.O. alarm system in case of a fire, or carbon monoxide alarm and things of this nature. The city does not inspect these things, this is done by the state of Michigan. I would feel more confortable if these were done at a local level. Mr. Kavanagh: We have noticed that in some of these communities that they have passed these ordinances they have included inspection requirements by the local inspectors and that would be for the family day care and group day care homes. For the family day care homes and group day care homes one of them is an inspection that lasts for two years and one that lasts for three years, I have to look at my notes to see which one is which. For the initial licensing by the state of Michigan and there is a listing of entities or people that will qualify as inspectors. One of them is a local inspector,one of them is a fire marshal and there are a few others. So if the City, Council in this case, were to insist in the ordinance that these providers, first of all register with the City Clerk, so at least we know where they are. We've got a registration list, I just got a new one today from the State of Michigan, we know where the licensed providers are in the City of Livonia You could require, as some other city's have, family day care homes and group day care homes be inspected by the city inspector and that certificate of compliance by the city inspector could be used by that provider to show the State of Michigan that they have complied with all of their requirements. So it is six of one or half dozen of the other, they have to get it inspected somewhere by somebody so why not get it done at the local level. Mr. LaPine: The other thing I like along with that, the city building inspector can look at the house and see if it is up to code and see if it is up to code plus the report we have of all the homes that have these day care centers, there was some that only had 532 sq. ft. or 900 sq. ft. To me we should have a minimum of at least 1,000 sq. ft. house before you can have one of these operations. Mr. Kavanagh: There are rules the State has, administrative rules, I can't remember how many square feet it is for play space and things like that.. The problem we have with the family day care situation which is six or less children, the State is only an enabling statue only permits us to do what we do for other homes that are not used for this purpose in the same residential rezone. In other words, if we don't inspect every other house, can we inspect these houses. If we don't require every other house in that zone to have a fence, can we require these houses to have a fence. If you read these state statutes literally for six and less children, the answer is no. I wrote you a letter which paraphrases the 16748 statutory language. For the seven to twelve children the group day care homes, the answer is yes, you can regulate much more stringently than you can the small family day care homes. You can put reasonable restrictions on the larger homes, you can't go as far on the smaller homes. Mr. LaPine: Well, I guess you and I have a difference of opinion. It is not a home in my opinion. It is operating a business out of a home. Mrs. Koons: Mr. Kavanagh, I don't know, do you have a copy of the latest thing that you did here so you know the numbers. Mr. Kavanagh: You mean the list? Yes, I have it. Mrs. Koons: Number 11, the outdoor play space. Mr. McCann: Is that family day care or group day care, because they are different? Mrs. Koons: Group day care. What we have here currently is that we have a total minimum area of not less than 1,200 sq. ft. outdoor play space. Mr. Kavanagh: You are talking about the larger home? Mr. McCann: That's the group day care. Mrs. Koons: Yes. From what I am reading from the state licensing a day care home shall provide an outdoor play area which is not less than 400 sq. ft. and which is available on the premises or within a reasonable walking distance of the home. Do you know with all the re-writes why there is a 400 sq. ft. to a 1200 sq. ft. difference? Mr. Kavanagh: I can't recall the latest, is that the letter from the state. Isn't that about nine years old. I know the administrative rules address that. I will have to find that and get back to you. Mrs. Koons: O.K. Thank you. Mr. Alanskas: Sean, do we have protection in here if there were six children in this one house, and the next house has 12 children, the next house have six, could we put a separation of 800 ft. or 1000 ft. feet before you have another home? Mr. Kavanagh: You can. In counties that are outside of municipalities such as cities and villages, the county zoning and the township zoning act both have specific references in them have 1500 foot separation requirements between group day care, adult foster care homes, community correction facilities, drug rehabilitation facilities. There is a specific reference to allowing a municipality such as a township or a county to do that. There has been a case that says that you cannot apply that 1500 foot separation requirement to adult foster care homes because the Federal Fair Housing Act does not allow for that. It prohibits that. But there is no case that we are aware of in the state of 1 I 16749 L Michigan that prevents a municipality from enacting a 1500 or 200 foot or 500 foot separation requirement between group day homes, that is the larger, 7 to 12 children, day care homes. There is no existing prohibition or allowance in state statute for separation requirement of the smaller homes. As a matter of fact, they must be treated, under that language that I sited to you, as any other house in R-1 through R-5 and RUF district. Mr. Alanskas: So we could have as many as six homes, back to back? Mr. Kavanagh: You bet, the smaller ones. Also, on both sides of you. Mr. McCann: Are there any other questions for Mr. Kavanagh at this time? Hearing none, I "am going to go to the audience. I am going to allow everybody to come up and speak for and against this petition as they wish, but we have a large number of people in the audience tonight and I am going to ask that you limit comments to within three minutes so that everyone has an opportunity to speak who wishes to. I will alternate from either microphone on either side so if you want to line up on either side, I will go back and forth. Give us you name and address and comments. Karen Egan, 18694 Golfview, Livonia. I am here this evening on behalf of families in our community that utilize home based child care. I am here on behalf of the providers that operate these programs and the children that attend them. I i would like to thank the Law Department for drafting this ordinance that we are looking at this evening and I know it took a lot of time and research and I know they did a very thorough job. I know that Mr. Nagy compiled a ton of information for you to analyze. I appreciate that you postponed this public hearing tonight to give yourself sufficient time to research the state regulations and the ordinances in other communities. This really is an issue that community leaders are looking at not only locally but state wide and across the nation. We found through our research that most communities lack ordinances that regulate child care homes at all. This is simply because the ordinances were written before we had regulated child care. We have only had regulated child care in this state for 25 years. Before that child care homes were unregulated. We have had child care in this city for as long as we have working mothers. The need has increased because we have more mothers with young children in the work force than ever before. This ordinance is necessary. Many cities have already tackled this task. Livonia is a little bit different from those other cities. I am going to quote Mayor Kirksey. We advertise a family friendly city. Quoting Mayor Kirksey, "Livonia is a wonderful place to live, work and raise a family. In fact the city is proud to be have been named the ninth best place to raise families. We have also been recognized as the sixth safest in the nation by the FBI. Our outstanding schools and libraries, beautiful parks, fine recreational facilities and exceptional city services help create a quality of life that is unsurpassed." I ( , tor agree with the Mayor. Livonia is a wonderful place to raise a family. My husband will never live on a lake because we don't have any in Livonia. This ordinance is another example of why Livonia is a wonderful place to raise your children. This ordinance, once completed, will be used as a model for other 16750 communities throughout the state. These communities are watching to see what Livonia does. They are watching to see how the ninth best city in the nation will draft an ordinance that will protect the children and those that care for them. They are watching to see Livonia, a family friendly community, pass a family friendly ordinance. I am not asking you to bring anything new into this city. I am not asking you to rezone Ward church and bring in a Farmer Jack. I am not asking you to bring in a Meijer's with a 24 hour service and lots of traffic. I am not asking you to approve anything that isn't already here and hasn't been here. This is nothing new. I am asking you to officially recognize that these homes do exist in the city. Legitimize the fact that they are in deed here. I understand that you have researched and discussed this issue and that each of you has differing opinions on what restrictions should be placed on providers. I appreciate those ideas and recommendations. Mr. Piercecchi, your idea of having a provider registry with the police is fabulous. It is extremely reassuring to know that if we have a situation and we feel we need the police or if we have a medical emergency and we need to dial 911, they will know that we have a house full of children. And the extra help that is needed that was a great idea. I am truly pleased that this ordinance came to you first so that we could get your input and suggestions. No one else even thought of that. This evening I respectfully request that you take your suggestions and this ordinance and pass it on to the City Council. They have also researched this issue in their legislative committee and they must hold another public hearing at that level. They, as the elected officials, are ultimately the decision makers. They will take your respected suggestions, as tof well as those of the community into consideration. There are some restrictions in this draft that need to make reworked a little to make the ordinance more workable for families and providers but that discussion really needs to take place at the City Council level with input from those Council members who made the original draft of this. Please expedite this process by voting yes to pass this ordinance. I will be here if you have any questions for me. Mr. Piercecchi: I want to make it clear here that we are not opposed to these types of facilities in Livonia. Our only interest is really for the safety and welfare of the children and the betterment of our children. As far as our passing it on, that may not be possible tonight. It depends on what kind of suggestions we get from the audience. There may be further ways to improve it. That is our job here tonight. To hear the people and to hopefully to delete some of the things that are in here. Ms. Egan: Sir, a lot of these people don't know what is in it. How do you expect them to comment on something they don't have. Perhaps you could read it. Mr. Piercecchi: Do you want me to read it? Ms. Egan: You don't have to read all 34 pages. Or give the people some understanding that the restrictions don't apply to. They don't apply to family day care homes with six children. They only apply to group day care homes with 7 to 12 children. The group providers, if they meet the restrictions will automatically 16751 be given a waiver use permit. If they don't meet the restrictions, they will have �` to go to the Zoning Board of Appeals to continue to operate with 7 to 12 �r children. Mr. McCann: Al, were you prepared to go through those tonight? Mr. Piercecchi: I can go ahead and read it. (h) A "Family day care home," as defined by Public Act 1973, No. 116 of the State of Michigan, as amended, as a private home in which one (1) but fewer than seven(7) minor children are received for care and supervision for periods of less than twenty-four 24) hours a day, unattended by a parent or legal guardian, for more than four(4)weeks during a calendar year, except children related to an adult member of the family by blood, marriage,or adoption; provided, however, that: 1) the owner or occupant of said residence is a licensee in good standing with the State Michigan pursuant to P.A. 1973,No. 116 as amended; 2) the owner or occupant of said residence has registered with the City Clerk; 3) the facility is the principal residence of the provider; 4) the use shall not result in traffic congestion or ba7ardous traffic conditions; 5) a drop-off/pickup area shall be provided where the residence is located on a major thoroughfare as defined in this ordinance in order to prevent vehicles from backing onto the roadway; 6) the use shall not involve an increase in on-street parking by more than two (2) additional vehicles at a time; 7) all health and safety requirements established by the State of Michigan shall be met; 8) there shall be no dropping off or picking up of children between the hours of 10:00 p.m. and 6:00 a.m.; 9) no structural changes or exterior alterations shall be made which would alter the residential character of the dwelling except for those necessary to comply with the State of Michigan licensing rules applicable to group day care homes; 10) such use shall provide and maintain an outdoor play space equip in area to at least one hundred fifty(150) square feet per child and in any event such play space shall have a total minimum area of not less than six hundred(600) square feet; 16752 11) the residence will have appropriate fencing which shall encompass the entire outdoor play space or, in the alternative, relief from this requirement may be sought upon appeal to the Zoning Board of Appeals; 12) the use will comply with all noise standards and other provisions contained in Chapter 8.24(Nuisances) and Chapter 8.32(Noise Control) of the Livonia Code of Ordinances; 13) no sign shall be used other than one (1) non-illuminated name plate attached to the entrance of the residence which is not more than one (1) square foot in area; • 14) all family day care centers shall be registered with the 911 dispatch center and the City of Livonia Public Safety Department; 15) Certification that the operator will hold the City of Livonia harmless in the event of litigation involving the operator's day care operation. (h) A "group day care home" as defined by P.A. 1973,No. 116, as amended, as a private home in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four hours a day unattended by a parent or guardian, for more than four(4) weeks during a calendar year, except children related to an adult member of the family by blood, marriage or adoption; provided that; (1) the owner or occupant of said residence is a licensee in good standing with the State Michigan pursuant to P.A. 1973, No. 116 as amended; (2) the owner or occupant of said residence has registered with the City Clerk (3) the facility is the principal residence of the provider; (4) the residence has direct access to a public street that has a width of at least eighty-six (86) feet (collector roads) as designated on the Master Thoroughfare Plan; (5) the use shall not result in traffic congestion or hazardous traffic conditions; (6) a drop-ofFpickup area shall be provided where the residence is located on a major thoroughfare as defined in this ordinance in order to prevent vehicles from backing onto the roadway; 16753 (7) the use shall not involve an increase in on-street parking by more than two (2)additional vehicles at a time; (8) all health and safety requirements established by the State of Michigan shall be met; (9) there shall be no dropping off or picking up of children between the hours of 10:00 p.m. and 6:00 a.m.; (10) no structural changes or exterior alterations shall be made which would alter the residential character of the dwelling except for those necessary to comply with the State of Michigan licensing rules applicable to group day care homes; (11) such use shall provide and maintain an outdoor play space equal in area to at least one hundred fifty (150) square feet per child and in any event such play space shall have a total minimum area of not less than one thousand two hundred(1,200)square feet; (12) the residence will have appropriate fencing which shall encompass the entire outdoor play space or, in the alternative, relief from this requirement may be sought upon appeal to the Zoning Board of Appeals; (13) the use will comply with all noise standards and other provisions contained in Chapter 8.24 (Nuisances) and Chapter 8.32 (Noise Control) of the Livonia Code of Ordinances; (14) no sign shall be used other than one (1) non-illuminated name plate attached to the entrance of the residence which is not more than one (1) square foot in area; (15) all group day care centers shall be registered with the 911 dispatch center and the City of Livonia Public Safety Department; (16) certification that the operator will hold the City of Livonia harmless in the event of litigation involving the operator's day care operation. (17) no group day care home may operate within a distance of one thousand (1,000) feet from any existing registered group day care home, as measured from the nearest property line of the proposed use to the nearest property line of the existing registered use,except upon the granting of a variance by the Zoning Board of Appeals. There shall be no grandfathering of existing group day care home and this subsection shall apply to all new and/or existing group day care homes. Existing group day care homes shall have one (1) year from the effective date to this subsection to comply with the provisions herein. 16754 And we are going to add City Inspectors. tolv Mr. McCann: Now we've got it all out there. You appear to be speaking for the group, you've reviewed it. I guess what we need to do is see if you have something for us. Mr. Nowak: A couple of other comments that I had was I wanted to make sure the people understood that the family day care homes would be allowed as a permitted use in our R-1 through R-5 district as long as the specified conditions were met that Mr. Piercecchi read. The group day care home would be allowed as a waiver use in all R-1 through R-5 districts and would have to comply with all the specified conditions. These uses would also have be subject to all the general waiver use standards and requirement as set forth in the 19.06 of the zoning ordinance. Also I wanted to explain the difference between the list of standards for the two types of facilities. One has to do with the minimum amount of play area a facility is required to have. For a family day care home it would be 600 sq. ft. which is the amount required for four children at 150 sq. ft. per child rather than 1,200 sq. ft. for a group day care home. There also would be 1,000 foot separation requirement between group day care homes but there is no minimum spacing requirement between family day care homes and there is also a requirement that group day care homes have direct access to at least 86 feet in width which is a collector road or a main road whereas there no requirement that a family day care home be located on a main or collector 460 street. ,,, Mr. McCann: Thank you. And again as you said anybody that cannot comply they can go to the ZBA. So there is an administrative body which they could take relief from. Ms. Egan: I do believe I heard Mr. Kavanagh say, correct me if I am wrong, that you may not put those restrictions on family day care homes with less than six children unless you do that to every other home in the zone. Therefore, Mr. McCann, your home would need to have those restrictions met also and would need to be inspected by the City. Is that correct? Mr. McCann: Mr. Kavanagh, our city attorney, can answer that. Mr. Kavanagh: The administrative rules state, if you are talking first of all about the inspection requirement,they can be applied to family day care homes and group day care homes, I'll read it to you: "It says proof of a recent inspection and approval of your heating system by one of the following; (1) a licensed heating contractor,qualified fire inspector, insurance company or a state mechanical inspector or local building inspector." If you put that requirement in there for all of these homes whether it is a large or a small day care home home, that would satisfy the state of Michigan requirement on the administrative rules. As far as the play space, what you read was correct. The same thing that was nine years is the same thing today, it is 400 sq. ft. for group day car home, that is 20 X 20. You can't put more restrictions on day care homes in the zoning context than you do for any other home in that zone. If you say to every other homeowner in the R-1 to R-5 or RUF district that 16755 they must have play space for their children of 400 sq. ft. then you can say the same thing for day care homes. If the state requires, then we can require it, that is a simple rule. We can't require any more for the family day care homes than the state requires. For the group day care homes, you can require more. Mr. McCann: So what you are saying is the family care home we can require 600 because the state requires it. Mrs. Koons: 400 sq. ft. Mr. Kavanagh: I am saying that it has to be the same as the state. Ms. Egan: Why can't we just say that family day care homes are a permitted use in all districts provided that you have a license by the state? That way we know we meet the requirements, that the person has a license or a registration with the state and the city doesn't have to waste its time, money and resources Mr. McCann: One of the things that you suggested,there are certain things that we want, the 911 dispatch, they have to be registered, on street parking and so forth that we don't allow....well we do, don't we. We have to look at the off-street parking, correct Sean? Mr. Kavanagh: For home occupations, we don't allow more than two cars at a time at a site and that is for all homes. Ms. Egan: We are specifically not a home occupation, is that correct? Mr. Kavanagh: The home occupation ordinance that we submitted to you as a draft saying that family day care homes and group day care homes are not considered home occupations. If you are going to separate the group day care homes and call them waiver uses and family day care homes as permitted uses, you should probably separate that out of the home occupation language also. Because the larger homes, the group day care homes, would readily fit as a home occupation and fall under the same requirements as other home occupations in residential zones which does limit the number of cars you can have and the number of employees that you can have and that sort of thing. As far as the play space rule 400.1814 of the administrative rules indicates that a day care home, they don't say family or group day care, shall provide not less than 35 square feet per child of usable accessible of indoor exclusive of bathrooms and storage areas. For outdoor play area a day care home area shall provide an outdoor play area that is not less than 400 sq. ft. and which is available on the premises or within a reasonable walking distance to the home. That means that applies to everything, family day care home and group day care homes. You can have a minimum standard there if you want to make it 600 sq. ft. you would be exceeding the requirements the state has. Again none of these things have been tested regarding local governments right to implement more strict standards on these day care facilities, whether it is family or group day care homes. There is no case law in the state of Michigan that has addressed these issues, other than private subdivision restrictions which restrict businesses or 16756 nonresidential uses in residential areas. There are a couple of cases on point but of course the city doesn't get involved with those. Mr. McCann: But other communities have these built into their ordinance? Mr. Kavanagh: Yes they do. You probably have copies of them. There are ordinances that do have 1200 sq. ft. minimum. Mr. McCann: And they haven't been challenged? Mr. Kavanagh: If they have been challenged, there is no reported cases in the Court of Appeals or the Supreme Court. Mrs. Koons: What you are telling us legally about the drop off and pick up, we couldn't impose those? Mr. Kavanagh: You can if the family day care were considered a home occupation. The draft ordinance that we have submitted to you makes it not a home occupation, the family day care. I am suggesting to you that the group day care home, since the draft now is calling it a waiver use that it should not be listed a home occupation, for the larger homes. Ms. Egan: Specifically when we drafted this ordinance, when City Council worked in the legislative committee it was taken out of the business use of your home. Business use of your home ordinance in this city does not allow you to have more than one non-resident employee. You are going to wipe out every group provider if you do that. That is specifically why a separate ordinance was drafted and it was not considered business use of your home. Mr. McCann: But we could amend the business use to have an exemption for day care homes, couldn't we Sean? Mr. Kavanagh: Yes you can. Mr. McCann: So maybe we should look at amending it in that way we would qualify with this ordinance. If that is your only concern about having this called a business use, is the number of employees. Ms. Egan: There are employees, there are parking issues, and there are square footage amount of your house issues. Typically family day care providers and group day care providers will use their whole house. If you put a baby in every bedroom, they use the kitchen for cooking and art activities, they use the living family room for playing and reading, business use of your home ordinances do not allow you to utilize more than 20% of your square footage space. Mr. McCann: I am going to try, I have given you 25 minutes as opposed to three because you are the leader, but I know there are other people that want to speak I am going to allow you to come back. 16757 Mr. Piercecchi: Jim, where do we mention outside employees? (kW Mrs. Koons: Parking. Mr. Piercecchi: It's not mentioned in here. Mrs. Koons: It is mentioned in the parking. Mrs. Egan: Employees are mentioned in business use with home ordinances with the City of Livonia, it is not mentioned in your ordinance here. But if you do call it business use of your home then those ordinances would apply. That is were the employee issue will come in. We have regulations from the state as to how many employees we must have to care for the children and the ages of the children. We want to make sure that we have enough people there to adequately provide for the safety of the children. Mr. Piercecchi: You are referring to seven in a group day care home only, because in the other one there are no employees involved. Ms. Egan: Depending on the ages of the children, there may or may not be employees. Mr. Piercecchi: Not in the family day care? Ms. Egan: Yes sir. Mr. Piercecchi: Then you really have a business. Mr. McCann: That is what they are saying. Mr. Piercecchi: Then you have a business if you bring in employees. You have to have it in a group day care home because you are working with 12. Ms. Egan: And you have to have it in a family day care if you have three babies. Mr. McCann: That is an issue that has to be addressed. Mr. Alanskas: I am sure you are aware that tonight this is a draft that Mr. Kavanagh and Council has put before us is and if we pass something that is not correct then we will have another public hearing with the Council and you know poor Mr. Kavanagh is going to lose all of this hair over this, because it is going is go for a long period of time before it is done and corrected. I am sure that Council and Mr. Kavanagh will make sure that it is correct. So if we approve something that is not correct, it will be corrected. Ms. Egan: Great. ,,. Mr. McCann: I am going to go to the audience. You name and address. 16758 Heather Hale, 15435 Middlebelt Road, Livonia. I am coming before you on behalf of the Michigan Child Care Providers, Inc. The association is a nonprofit Michigan corporation located in Livonia which represents 1500 child care providers in Michigan including family and group day care centers, a number of which are located in the City of Livonia. I am going to keep my comments brief in the interest of time. I just wanted to go on the record as stating that the association would strongly urge the Commission to support the proposed amendment and to Section 4.03. The association would strongly urge the Commission to support the elimination of the proposed provision prohibiting the grandfathering of the existing home care facilities. Instead the association would propose that the city offer permanent grandfathering of existing day care facilities. Group day care centers with up to 12 children have existed in Livonia for a number of years. They have been an extremely valuable asset to working parents in the city. There is a demand for these homes. Working parents that seek quality care need these homes. They are very useful in keeping children within their own neighborhoods, their own communities, and close to their own homes. I have nothing further unless you have any questions. Mr. McCann: Thank you. June Thompson, I am a licensed group day care home in Livonia. I started out in a very small house, Mr. LaPine. I had to raise my children. I started out with two children, then I was allowed to have three. That gave me a living so that I could build ,,. my home larger and put my children through college here in Livonia. It took a long time, twenty years. I have been in the business for a long time. I know my community. My neighbors know me. They can depend on me. I am there. Not grandfathering us is ridiculous. We need our income and our community needs our service. The prices are going to go sky high for day care. You can't find infant day care anymore. It is virtually impossible. You are allowed to have two children in a family home. If you can't have help, then you can't have other children. We have a lot of rules that we have to follow. We are very well educated in those rules and we take classes. We have to take 12 credit hours a year in those classes of rules and regulations. We have to have onsite inspections. We have to constantly educated ourselves and our parents. The people that are licensed are the ones that care. They are the ones that are here to do the right job. We are doing our very best. Mr. Alanskas: When you say you have onsite inspections, who are they from and how often are they done? Ms. Thompson: They are done by the State of Michigan. They come to my house every two years and if you belong to the federal food program, every three months. And those people definitely keep in contact with each other. But we are in a business that is in dire need in this community. If you don't grandfather those people that are here now do you think you are going to have hundreds of people applying for six children? There's not that many now. Look at your list. You don't have thousands of day care homes in this community. You have maybe a hundred. How many people do we have? There are people out 16759 here with infants that have been trying to get day care before they decided to pregnant. I have people call me and I don't even do babies. You have to keep in mind that this is a very needed resource in our community. Very needed. It is something you can't live without. Maybe you have relatives that can do it or maybe you can have in-home day care but a lot of people can't afford that. And those of us who are making a living at this you can't make it so impossible for people to run a business by not grandfathering those people those people in that have been in business for so long, that has to be amended in the charter because that is not going to work. What little group day care you have family group day care, if you don't grandfather half of them, you won't have them. Mr. Piercecchi: You mentioned that the City of Livonia needs these facilities. I am not being argumentative when I ask this question but what percentage of these children are residents of Livonia? Ms. Thompson: In my day care, 100%. Mr. Piercecchi: Ms. Egan., do you know what percentage. Ms. Egan: Some work here or some live here. Mr. McCann: Anything else? Ms. Thompson: Well, take into consideration, where would you want your children, in a licensed home or an unlicensed home? Mr. McCann: Thank you. Jerry Perez, 16148 Henry Ruff, Livonia. My wife and I operate a group day care also. I wrote a letter to each one of the Commissioners and it seems in some cases that we are trying to reinvent the wheel. The state does do a lot of regulation on the day care facilities. When we get down to talking about insurance or if there is going to be a day care right next door to each other, if there will be 6, 6, and 12. I doubt it. The percentage is that there might 1 to 1400 homes in Livonia is very small. Some of the recommendations to add to the ordinance seems to be a little bit more restrictive than it should be especially when you are dealing with a group. When you are talking about 86 foot access road and things like that, there's not that many out there. There are a lot of elementary schools that do not have that type of access either. The inspections they do to the homes, it might not only be two years, it is also random when you get down to the group. I would just like to read from my letter to you, "that my wife and I would appreciate your support for group and family child care homes in Livonia. We operate a group child care home. This allows us to have no more than 12 children at any one time. We are licensed by the State of Michigan and have been inspected and approved by their licensing consultants. Group child care homes are inspected more often and have stricter regulations than family child tri care homes. Family child care homes allow for no more than six children at any one time. We are in support for an ordinance that will allow for both family and group child care homes. Currently there is a shortage of child care 16760 Li ' in Livonia as I mentioned what the percentage where. We do believe that we do need the ordinance so that we can legalize the existence of these homes in Livonia. There are many families out there where both the parents have to work. We offer these parents a choice between a child care center, family child care home or a group child care home. We hope that our services will be here in the future to help you or your children and their children. Please support the need for group and family child care homes. At a minimum, please consider the grandfathering. Personally, from our home that we have, this is the sole source of our income so we need this. Thank you. RalphWilliams, 18630 Foch. I would like to remind everyone here that at a previous hearing we had people stand at that lectern and this lectern and say they were operating an unlicensed homes and they intended to continue to operate unlicensed homes. It is not only wrong but it is a violation of the state law and worst of all it puts the children at an added risk. And by public approbation all of our officials are partners in crime. I think the best thing the officials can do and this includes the Council and the administration is take prompt action to enact the proper ordinance. My personal feeling is, I think as an absolute minimum, you should require a state license and also require that they be registered with the City Clerk. Mr. McCann: Most people in the audience are saying they are for licensing by the state. They don't like illegal operations. 411, Mr. Williams: I understand, Mr. Chairman, but there are some who don't want licensing. Mr. McCann: The state does that, we don't have any control over that. You are saying that you are agreeing with the city ordinance. Mr. Williams: I am basically agreeing with the city ordinance but I would like to see them licensed by the state as well. Mike Hayes,18798 Norwich, I am here in support of the family day care providers up to 12. I have two sons that were greatly served by it and the only change in our status has been dictated by school. They were provided for wonderfully and we are deeply indebted to those providers. I have noticed tonight, you all seem to mention that you visit these locations before you make decisions on some of the other people who bring petitions before you. I was questioning myself have you ever visited any of these in-home providers too see the services they are providing versus the commercial providers, because I have visited them both. Number 2, there was a comment about a 1000 sq. ft. for 12 children not being very big. I have been to some locations where you can have 24 children within that amount of square footage. I may be wrong on that. Some of the facilities I visited and they said they were licensed for 24 within that area and I looked at it and there were only two adults in providing care and I was thinking I was watching WWF on a midget scale. Number 3,there was a comment that there are not homes that these are businesses, but as one who has utilized these services I would ask you to pull up in your car, dropping your children walking into a home versus walking into a commercial building,what 16761 type of an effect does that have on your child going into that business. I think it was very positive for mine. They thought they were walking into a house. They looked upon those providers as an extended family. We are thankful for that. We considered them as honorably aunts and uncles as well. Number 4, this number 12 that is bantered about. These are not 12 teenagers, these are 12 children that for the most part will be under five or six years of age. Most of those children are outside playing. I grew up in Detroit and when we were outside playing there were probably 50 of us playing and nobody ever complained. Number 5, you are making a decision that is already very hard for working parents even harder. It is traumatic enough, I realize it is hard for a woman I know but now with men being more and more involved, I did laundry tonight before I came here, so you are going to make things even harder for the guys. Maybe you guys from the 60's had it pretty good but the guys from the 90's have it a little rougher. My final comment would be lower the burden of excessive taxes and fees and I would be happy to be a stay at home dad. Richard McLain,11326 Hubbard. I do live in Livonia and I take my kids to day care in Livonia in what would be considered a group day care home, licensed for 12. One of the things that I certainly don't see reasonable that is proposed in the ordinance is the frontage road for group day care home of 86 feet. It makes no real sense to me. I don't see that much extra traffic in a group day care home with 12 kids over six. I have two kids so I pick them up with one car and I think that is true for a lot of families in that size home. I do live right across from St. Michael's School in Old Rosedale Gardens which has extra narrow streets. My street is probably 19 or 20 feet wide and there are several hundred cars dropping off kids there and picking them up. I don't really see that that is consistent with the 12 kids in one home needing 86 feet of road. I would really like to see you change that and address that. Mr. McCann: Thank you. Rhonda& David Miller, 15743 Penn Drive, Livonia. I would like to make one comment the gentlemen made. I attended the last meeting before the Council and there was not one person that got up and said that they were running an unlicensed day care. That is what we are here for. We are licensed providers and we are trying to provide the best care or we wouldn't be licensed. The one comment that we made and I want to make it here, we have been doing this for seven years, this is how we make our income. This is how we make our living. If you cut this down to six you just cut half of our income off. We moved from one house in Livonia that we lived at for approximately four years to a larger house to accommodate more children. So we have been a part of this community for eight years. Before we even started the day care, before I quit my job, I went to the City of Livonia and I said this is what I am doing. Where does the City of Livonia stand on this? And this is what I was told, as long as you are licensed with the State of Michigan we basically look the other way. I don't have the name of the person that told me that. It was an inspector when I called in. Had I been told at that time that no you are not allowed to run a day care in Livonia, I would not have pursued it any further. Nor would I have put the time, the money or myself into this business. So I would ask that 16762 you consider that. For many people this is their income. This is how we make our money. We care for children and that is not an easy job to do. And as you can see by the numbers there are not a not of these day care homes in Livonia. There are only a very few. Sue Petta, I am also a group child care provider. My husband and I have done this for seven years. Even though people are getting up here and saying that this is their income, believe me that is not the reason you do this. It is because how we feel about children and it is not something that everyone can do. I know this is something that is new to you and to the City Council, things have been brought up. Use it as a learning tool. We need to have the ordinance but we need to be grandfathered in. We need to keep the same as it has been for us. Mary Aiton, 13975 Cardwell, Livonia. I am a single, divorced mother. I have a five and a half year old son. He has been with what you would call a group day care home for four years. I really need a day care here I only looked for licensed day care. I interviewed 12 areas, 9 of them being home day cares, 3 of them being child care centers , we need home day care centers here in Livonia. I am happy that you are looking into having an ordinance here but I do want you to consider one thing. You mentioned the limit of the number of cars that can be parked at one time at a group home facility. My day care facility that my son attends closes at 5:30. There are many of us that are there at 5:25. I work down town in Detroit it is not just a few miles away. It takes me a while to leave work and pick up my son. There are many occasions that four parents are there at one time to pick up their children. It's not something we plan, it is traffic and the other variables that go into picking up our children. I would really like for you to consider not putting that type of limit of an extra two vehicles that could be allowed at a home day care. Also, this 86 ft. wide street, the limit there, the group day care I go to, her residential area is very narrow. I really don't know what the footage is there, but it is narrower than 86 feet. Mr. McCann: Let's make this clear, it is not an 86 ft. wide street, it is an 86 ft. wide right-of- way. Ms. Aiton: I don't think that exists in that neighborhood. I don't know what Jamison street is, but my son goes to St. Genevieve School and there are many parents that pick up their children. He is bused to my group day care provider and she has been very important to our lives. I would like for you to take this issue very seriously because it affects all of us. Twelve interviews and I was almost ready to start over. She was the second to the last interview. I definitely would have never considered any of the child day care centers that I went to. I went to two in Livonia and one in Dearborn. It wasn't personal enough. Thank you. Jackie Solack, 15082 Golfview. I have two young children in group day care homes. I think that other gentlemen had a good suggestion that you should go out to some of these homes and take a look at them. Because it will give you an idea of what we are talking about when we say a home environment in Livonia. Going into 16763 a day care center for me, it was like walking into an institution. It was like somebody said, how many children can you stick in one room and it was unbelievable. For me to even fathom putting my little baby in one of these day care centers was pretty scary . Right now I walk him into a home. I am greeted by somebody. Again, it is like an extended family member to us. So I really do think that you need to take a look at these homes. Again, we are faced with the working parents these days. I would love to stay at home with my children but that is not an option at this point. What I am concerned when all these homes close, or these day cares go out of business because if you limit them to only 6, granted they have to be able to make a living, are they going to be able to make a living if they only have 6 kids? Little Tots in Livonia for an infant want $205 a week and you have to bring diapers and formula. That's absurd. And to have two kids in day care it is very expensive. Again I think you need to consider taking a look at these homes. Mr. Alanskas: Do you have your two children in a home all day long? Ms. Solack: Yes. Mr. Alanskas: Do you mind if I ask what you pay? Ms. Solack: It is $140 a child so it is $280 a week. Mr. McCann: Again, the comments are about whether we do or we don't. My two daughters were both in a family group home and my two sons were both in the SACC program. Mrs. Koons was in charge of it for the city schools. There are a lot of us with kids and have some understanding for the need of these facilities. Tim Numan, 39115 Parkhurst. I wasn't going to talk at this meeting. I don't own a day care. We have a son who is going to be two years old in May and we are expecting a second child. We have our children in day care. For a person to put a child in a unlicensed day care facility they are fools. They are not doing their homework. You are talking about the most precious commodity that we have, is your livelihood and our kids. We scrutinized over ours. Our day care facilitator is here. She is wonderful. She has 7 to 12 people in her home right now. I feel safer bringing my child to Lillian every single day knowing that that kid is going to be loved and taken care of every day. She is accommodating, I am an educator, I teach at a high school. She accommodated her hours to allow me to drop off my child so I could attend to my first hour class. My wife is an educator. I am slightly offended to the point that,I lived in Westland, one of the gentlemen up there made a point as to how many of these children live in Livonia that are using these day care facilities. I teach in Livonia, I deal with over a hundred kids a day. Should I be denied access to having my children who are going to go to Livonia Public Schools use a Livonia facility because I live in Westland? I am offended by that. I touch a lot of lives, I hope, in Livonia, that is why I moved to your city. I moved here last Christmas. I want my kids to go to elementary school here I want them to go to high school here. It worries me some of the 16764 comments that I am hearing, I question the loyalty you guys have to our City. Thank you. Jeanne Bearer, 27432 Long Street, Livonia. I just had my first baby nine months. I started looking for day care when I was three months pregnant. Once again, I talked to individuals that would just watch one child. I went to the facilities and I looked into group day care and also the family day care. I saw draw backs and number one, the individuals that were willing to watch the baby, once again were unlicensed, not paying taxes on that. I didn't feel that was right. I pay tax on my income so I obviously feel they should be paying taxes as well. Secondly, the family home, generally you have one person for 6 children which causes a real problem when the day care provider is sick or one of their children are sick you can't take your child there. In my group day care home there are four employees. If the main provider's children are sick or if they are not able to take care of the kids, there are always three other people. I don't have to call into work. My husband doesn't have to miss work. We have 15 vacation days a year and generally we are going to waste a week of our vacation time with our sick child let alone without worrying about a sick day care provider. Thirdly, the large facilities, and she brought up Livonia Little Tots has a good reputation. I went in there and they have what I call cages for infants. They have three rows across and four rows up and down of beds for these children with a sliding bar that comes down. It look like a pet store. There was no way I could drop my baby off at that facility. Once again, it is state regulated. It didn't have the atmosphere that the group home that we are in. Everyone of the workers there loves my children. Being that the ages vary my little girl just adores the older kids and has learned so much from them just observing them. They help take care of her. It is just wonderful. I think you have to take a look at the frontage of the homes. If you have a little house maybe only so many cars will fit there but when you have parties or people over, you will have more than two cars in front of a house. Unless it is obstructing traffic, I don't think that is a big issue. My child is the youngest in a group day care home and if they aren't grandfathered clause in I am going to lose my day care and probably have to put her in a center because I am not in a position to quit my job. Mr. McCann: I am going to close the public hearing, you've got two minutes. Ms. Egan: I just wanted to address the road square footage because I'm not sure everybody caught that. It is from sidewalk to sidewalk so it includes the grassy area before the sidewalk. I do believe that every group day care provider cannot meet that requirement. Mr. Nagy, am I right or am I wrong? . There is no street in Old Rosedale Gardens, to my knowledge, that has those right-of-way dimensions. Mr.Nagy: The right-of-way is generally defined from back of sidewalk to back of sidewalk and in Old Rosedale Gardens the only street would be West Chicago that would likely meet that requirement. 16765 Ms. Egan: We're not talking about a four lane road I live on a regular street, I live on Golfview. Where you can park on both sides of the street and a car can go down the middle. Mr. Kavanagh: I want to make sure you don't misinterpret that,they are talking about a collector road. That is like Harrison, Henry Ruff, the bigger ones, West Chicago, Curtis, the wider roads. Ms. Egan: Then it is not a regular road? Mr. Kavanagh: No. Ms. Egan: So then you are taking pretty much everybody? Mr. Kavanagh: We got a list today off the internet of family day care and group day care. Ms. Egan: But this would just affect group day care? Correct? Mr. Kavanagh: Correct. There are 24 licensed group day care homes, 7 to 12 kids and 50 family day care homes, 1 to 6 kids. On the list I see three, one on Six Mile Road and two on Merriman Road, if the list is correct that would comply with the 86 foot requirement. 21 of them would not. Ms. Egan: I want to make sure I've got this right. Mr. Piercecchi, the first thing I heard you say tonight that you are not against this. From what I am hearing Mr. Kavanagh say is that three of you get to stay open. Do I understand that right? Mr. McCann: There again this is a proposal and as you pointed out earlier we are trying to establish a standard and guidelines for the future. That is an issue that we will have to vote on tonight whether or not it will be grandfathered in and secondly, there also is a year to comply or to go through the ZBA and grant a variance saying I don't comply, but I have been existing here. The Zoning Board of Appeals can grant relief and say you have been here and that things are fine and that you can go on. That would be sufficient for them to empower the group day care to say that you have done a good we have looked at it we will waive that requirement to your home. So anybody that is already in existence would have the right to go to the ZBA under the proposed ordinance as it is and waive those requirements. You also have one year under this ordinance to do that. Ms. Egan: The ZBA can say no though? Mr. McCann: They can. Ms. Egan: My concern is a couple of different things. One, I would like to protect these providers that are doing this critical service. So grandfathering is a wonderful thing and it is needed. But we need to draft an ordinance that will meet the future needs of this community. This is the Planning Commission,we need to plan for that. Child day care provides do not stay in this field for 25 years. 16766 You do it when your children are young and then you go on to something else. Burn out is an extremely high factor. These people are not going to be doing this forever. We need to bring up new people to meet the needs of this community. If you make the ordinance so restrictive then it is not going to happen. We need to make it workable. The two car parking limitation is very difficult for people with assistants. Assistants will park on the road. Parents will come in and use your driveway. But they do come more than one at a time occasionally. You cannot schedule parents to come within 10 minute increments. If you live in Michigan you know its spring when every road you need to drive on is all chopped up. Parents just can't make it. We would have to extend our hours and in order to do that. I don't think that most people can do that. We have families that we want to attend to in the evening hours. The other issues we can deal with. The parking is very difficult. I realize that a year is a good time to comply but we cannot move our homes. You are talking about making people move. People have invested thousands of dollars into their homes in turns of making it fit for children and allowing for that child care. I don't think that is a reasonable accommodation. Mr. McCann: Thank you. I am going to close the public hearing. For the record, we did receive numerous letters, I am not going to read them all, however, I did get a special note from Dr. Ken Watson supporting the private day care, the family day care homes and group day care homes. I am going to open it up for a motion then we can go to discussion. Mr. Piercecchi: I want to repeat that we are not opposed to day care homes. There are several open circuits that were uncovered tonight, one was inspection, one was the grandfathering issue. There is the off street parking issue. There is the employee issue and several others were mentioned. So I am going to move that we table this and take a good look at it. We are not restricted to the 60 day requirement here because it is our own issue. We've been operating along time without it. I think we should do it right and to satisfy all needs. There are homeowners that are adjacent to these homes. They haven't voiced any opinions yet so I move, Mr. Chairman, that we table this to an indefinite date. Mr. McCann: Since we have our legal counsel with us tonight, I will defer to him whether or not the 60 days would go to a council resolution asking us to act on the ordinance. Mr. Kavanagh: If you had initiated it on your own, I would say there would be no time limit but I think it is from the Council. Mr.McCann: It is a resolution from the City Council asking you to review this so we do have a time issue. Mr. Kavanagh: You have to at least start the hearings within 60 days. You have done that obviously. Mr.McCann: I think the ordinance says that we have to make a recommendation within 60 days. 16767 Mr. Piercecchi: How much time do we have on this one? Mr. Nagy: We've had it already 30 days. Mr. Piercecchi: So we have 30 days. Ms. Egan: Mr. McCann, I'm sorry but there is someone who didn't get to speak that you didn't get to see her, she is in the wheelchair right there. Mr.McCann: Unfortunately, the public hearing is closed. Mr. McCann: A motion is in order. On a motion by Mr. Piercecchi, seconded by Mt. LaPine, and approved, it was RESOLVED that pursuant to a Public Hearing having been held on March 23, 1999, on Petition 99-2-6-1 by the City Planning Commission pursuant to Council Resolution#405-98 and Section 23.01 (a)of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 2.08, 402 and 4.03 of the Livonia Zoning Ordinance to set forth zoning requirements for family (1 to 6 children) and group(7 to 12 children) day care homes in residential districts,the Planning Commission does hereby determine to table Petition 99-2-6-1 to date uncertain. A roll call vote was taken with the following results: AYES: Hale, LaPine, Piercecchi NAYS: Alanskas, Koons, McCann' ABSENT: None Mr. McCann, Chairman, the motion fails. Mrs. Koons: I don't know if I have an alternate resolution but I do feel strongly and I have some comments I would like to be put on record but I don't know if that is before a resolution or after. Can I ask a question first? Mr.McCann: Yes. Mrs. Koons: One of our options we talked about was to send this on to City Council knowing that is was unfinished. Is that an option still? Mr.Kavanagh: I don't know when you got it but you also can kick it over to your next voting meeting, what is it, two weeks from now? You may still be within your 60 day time limit. Mr. McCann: That would be April 20. Mr. Piercecchi: That was our tabling motion. 16768 Mr.Kavanagh: That resolution was tabling indefinitely. I just don't know how long you have it. Mr.Piercecchi: Do you want a motion to pass it as it is and let the Council massage it? Mrs. Koons: Can we make comments before we pass it? Mr. McCann: I'll open it up for discussion. Mrs. Koons: The points that I had marked are the points that came up pretty much tonight. I am strongly in favor of grandfathering for a lot of reasons. It is a sole livelihood for many people and a major portion of a livelihood for most people. I also know that there are three, four and five page waiting lists for infants in particular. It would be a hardship for parents. I know in this community we recently grandfathered in farm markets. When I first moved to Livonia on Hubbard there was a horse farm that was grandfathered in so I don't think it is precedent setting. I do know that there are sometimes two or sometimes three assistants who I would presume that should be parking on the street so that parents could drop off their infants, preschoolers and school age children closer to the door. So I am concerned about the two cars on the street. Those are my major concerns. Other than that I would like to look at the play area. I think it is a luxury to have 1200 sq. ft. I don't know,that could be handled through the Zoning Board of Appeals. My main point is the grandfathering and the parking. Mr. Piercecchi: That's why I wanted to table this. The parking is obviously not in order. When you have a party you have more than two cars so why should we not apply that here. I agree with that. Mr. Koons: Mr. Chairman, it feels more complicated than this to me. I spoke specifically and my comments were on group day care home and what I am hearing from Mr. Kavanagh the thing that is written for family day care homes may have several errors. So it feels more complicated than that to me. Mr. McCann: Making another offer? A motion in any form is appropriate at this time. Mr.LaPine: One of the reasons I supported the tabling motion, I want to be sure when we pass this on to City Council that we have done our job to the best of our ability. That doesn't mean that the Council may get it and disagree with everything that we said and when these people get up there and talk the Council may disagree with everything we said. I don't think another couple of weeks of us looking at this one more time and with Mr. Kavanagh, this is the first time we have met with him, and I think it would be a good idea if he were at our next meeting so that anything we come up we can make sure that we are on pretty good legal ground and then pass it on to Council. These homes have been operating for years and a couple more weeks isn't going to make any difference one way or 16769 the other. As far as I am concerned I am ready to make a tabling motion until our next meeting. Mr. McCann: I want to say a couple of things before you make a motion. I have very strong concerns on this too. I agree with you. I have four children. All of my children have gone to some type of home care. I think what the intent of this ordinance has always been is that all parties live up to the standards that are being provided right now within the City. Some of the things are problems that are adopted and reasonable and I am concerned about the issue of grandfathering. I don't want to put anybody out of business but certain issues that I see in here can be taken up with the Zoning Board of Appeals. What I would like to do is set up a standard for future people coming in and saying that you need to have a fenced in yard. You need to have so much area for play in a group day care. Some of these issues that I think are important that I think are not being taken care of. I am not trying to rush this through other than to say that the City Council has requested this back in a certain amount of time. I think the grandfather clause is a very important issue. If anybody has any comments, I will open this up. Mr. Alanskas: I have a couple of comments. I just want everyone out there to know that we need child care and I support that but you are getting the wrong message whether it is 6 or 12. But I think it is very important that we have certain regulations. Right behind me I have two child care homes. I don't have a fence in my yard and I have a pond and if these people didn't have a fence keeping those children out they could go into my yard and possibly drown. This is a very serious issue and I think there is a little tweaking that needs to be done. I have no problem going to the next meeting for a tabling. Mr. Hale: My feelings on this are similar to what other people have already stated to some degree. This is a very serious issue that faces the community and is going to affect the lives of children and how it is ultimately voted on. Our job as the Planning Commission is not to give short script to that but instead to study it and to make an educated recommendation to the City Council. We are not in a position to do that currently. That is why I voted for the tabling motion. I am also concerned about the grandfathering issue. I want to pass on that I think this is a very serious issue for the community. We wanted to hear from all the individuals tonight at this public hearing so we could help our ultimate decision on how we would vote on this. So that is why I think it is important to add further study on it. Mr. McCann: You are the last speaker, do you want to make a motion? On a motion by Mr. Hale, seconded by Mrs. Koons, and unanimously approved, it was #3-47-99 RESOLVED that, pursuant to a Public Hearing having been held on March 23, 1999 on Petition 99-2-6-1 by the City Planning Commission pursuant to Council Resolution#405-98 and Section 23.01 (a)of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 2.08, 4.02 and 4.03 of the Livonia Zoning Ordinance to 16770 set forth zoning requirements for family(1 to 6 children) and group(7 to 12 children) day care homes in residential districts, the Planning Commission does here determine to table Petition 99-2-6-1 to April 20, 1999. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. I want to let every one in the audience know that it is a pending item. These items have been discussed at several prior meetings and they have also been discussed at an open public meeting tonight. At those there will only be limited discussion from the Planning Commission. So you are all welcome to come down here on April 20, 1999, it will begin at 7:30 p.m. in this auditorium. Depending on what happens that night, you may or may not be able to speak. I apologize mam for not recognizing you to speak. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-2-1-2 by Leo Soave, on behalf of Chris Lessnau, requesting to rezone property located on the south side of Five Mile Road between Santa Anita and Cavell Avenues in the Northeast 1/4 of Section 24 from RUF(Rural Urban Farm- 1/2 acre min. lot)to R-2 (One Family Residential - 70'X 120' min. lot). Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: John, is there any correspondence? Mr. Nagy: There is a letter dated February 25, 1999, which states: "Pursuant to your request the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections tot he proposal or the legal description provided at this time. Furthermore, it should be noted the developer will have to adhere to Section 16.24.210, "Storm Sewers and Drainage Courses", of the Livonia Code of Ordinances, as well as all other items in Section 16 of the Ordinance. We trust this will provide you with the information requested. Please feel free to contact this office if you have any questions." The letter is signed by John P. Hill, Assistant City Engineer. That is the extent of our correspondence. Mr. McCann: Is the petitioner here? Leo Soave, 34822 Pembroke, Livonia. First I should point out that this petition and the other two parcels are part of the same development proposal. Mr. McCann: And that is our pending agenda item 98-12-1-23. Scott, can we put up the plans for the particular sub.? Mr. Soave can you tell us exactly what the lot sizes are going to be and a description of the homes? Mr. Soave: Once we combine this, this property now has four homes. Four of these homes will be demolished. What we would like to get is a 20 lot subdivision. This would consist of a concrete road and a R-2 zoning which would be a 70' X 120' lot size. These homes will be full basement, brick and one and two 16771 story homes. They would be marketed around$225,000. I'll answer any of your questions. Mr. LaPine This one home right here, you have cross hatches right there. Does that mean that homesite goes out to there? Mr. Nagy: No, what that actually illustrates is that this is the area subject to Leo's petition representing the westerly of the three lots. It is only shaded to show what part is now proposed under this rezoning petition. Mr. LaPine: Otherwise this shaded area is all road and will not be on this cul-de-sac? Mr. Nagy: That's right. Mr. Alanskas: I do see that you moved the street further west so that we wouldn't have a problem with crossing Five Mile as far as left hand turn lanes? Mr. Soave: That's right. Once we became involved, this is one of the first things that we did. Mr. Alanskas: So it lines up correctly. Mr. Soave: Yes sir. Mr. McCann: Any other questions? I will go to the audience. Is there anyone in the audience wishing to speak for or against this petition? Seeing no one, I am going to close the public hearing. A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. LaPine, and unanimously approved, it was #3-48-99 RESOLVED that,pursuant to a public hearing having been held on March 23, 1999, by the City Planning Commission on Petition 99-2-1-2 by Leo Soave, on behalf of Chris Lessnau, requesting to rezone property located on the south side of Five Mile Road between Santa Anita and Cavell Avenues in the Northeast 1/4 of Section 24 from RUF to R-2,the City Planning Commission does hereby recommend to the City Council that Petition 99-2-1-2 be approved for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2) That the proposed change of zoning will provide for single family residential development similar in density to what is existing in the neighborhood; 3) That the proposed change of zoning will provide for lot sizes which are consistent with other developed properties in the area; 16772 4) That the proposed change of zoning is supported by the Future Land Use Plan which designates the subject area for low density residential land use. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: The Public Hearing portion of our meeting is now closed. We will move on to the Pending items before us tonight. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-12-1-23, as amended, by Charles P. Elmasian and John K. Harris requesting to rezone property located on the south side of Five Mile Road between Santa Anita& Cavell Avenues in the N.E. 1/4 of Section 24 from RUF (One Family Residential - 1/2 acre min. lot)to R-2 (One Family Residential- 70'X 120' min. lot). On a motion by Mr. Piercecchi, seconded by Mr. LaPine, and unanimously approved, it was #3-49-99 RESOLVED that, Petition 98-12-1-23, as amended by Charles P. Elmasian and John K. Harris requesting to rezone property located on the south side of Five Mile Road between Santa Anita& Cavell Avenues in the N.E.1/4 of Section 24 from RUF (One Family Residential- 1/2 acre min. lot)to R-2 (One Family Residential - 70' X 120' min. lot) be taken from the table. Mr. McCann: Sir your name and address. Charles Elmasian, 27495 Five Mile Road. Mr. McCann: Is there anything additional other than what we have looked at? Mr. Elmasian: No. That is all correct. Mr. McCann: Again, this is the adjoining lots of the proposal which we just looked at. Mr. Alanskas: Sir,then your portion will be the same as far as brick, one story and two story. homes? Mr. Elmasian: Yes sir. Mr. McCann: If there are no further questions, a motion is in order. On a motion by Mr. Piercecchi, seconded by Mrs. Koons, and unanimously approved, it was #3-50-99 RESOLVED that, pursuant to a public hearing having been held on March 23, 1999, by the City Planning Commission on Petition 98-12-1-23, as amended, 16773 by Charles P. Elmasian and John K. Harris requesting to rezone property located on the south side of Five Mile Road between Santa Anita& Cavell Avenues in the N.E. 1/4 of Section 24 from RUF to R-2,the City Planning Commission does hereby recommend to the City Council that Petition 98-12- 1-23 be approved for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2) That the proposed change of zoning will provide for single family residential development similar in density to what is existing in the neighborhood; 3) That the proposed change of zoning will provide for lot sizes which are consistent with other developed properties in the area; 4) That the proposed change of zoning is supported by the Future Land Use Plan which designates the subject area for low density residential land use. FURTHER RESOLVED that, notice of the above hearing was given in. accordance with the provisions of Section 23.05 of Zoning Ordinance#543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-2-8-8 by Phoenix land Development requesting approval of all plans required by Section 18.47 of the zoning ordinance in connection with a proposal to construct commercial buildings on property located at 33330 Plymouth Road in the Southwest 1/4 of Section 27. On a motion by Mr. LaPine, and seconded by Mrs. Koons and unanimously approved, it was #3-51-99 RESOLVED that Petition 99-2-8-8 by Phoenix Land Development requesting approval of all plans required by Section 18.47 of the zoning ordinance in connection with a proposal to construct commercial buildings on property located at 33330 Plymouth Road in the southwest 1/4 of Section 27 be taken from the table. Mr. McCann: Is the petitioner here? We have some updated plans. Do you want to make a presentation of the changes you have made since you were last here? Steve Schafer, Phoenix Land Development, 32000 Northwestern Highway, Farmington Hills, MI. We have been back before the Planning Commission twice and there were comments made that we have incorporated into the plans and primarily the changes that have been made is that the greenspace area has been beefed up in this area to provide for pedestrian access through the rear section through these buildings. We were able to provide you with perspective with some 16774 architectural as well. We have added some elements to the rear of those structures. This would be the view from the rear we have added and we have added these elements that we had discussed at prior meetings. This sort of gives you a perspective through that area that we have tried to soften it up so you don't feel that you are walking through the back of a commercial building. We have added some pavers, we have relocated the dumpster and have opened this area up. The other issue that was addressed was the restaurant area the amount of parking at this point, we have not finalized the tenants on those particular pads and those envelopes may change and we will probably be back before you again for site plan review of that and what we are asking is that the parking for those restaurants be limited to 200 spaces each with the amount of parking we have, I believe that we will comply with the parking requirements. There has been some additional parking added in the rear of this building and we discussed that at the last meeting and we have also beefed up the greenspace in this area to add some larger trees. There was also some discussion in the plaza areas that we add some benches and seating. We have indicated that at that this point. There will be raised planters and bench seating so people can sit and enjoy that area. We have also some benches back in this area and we have relocated the sidewalk to the curb of the commercial area here. I believe those were the primary comments from our previous meetings, if there are anymore questions I will be happy to answer them for you. Mr. Alanskas: John, I just have one question regarding that building "E" is 9, 750 sq. ft. which we said that size would take up 350 seats and if we did that on that one pad you certainly wouldn't have a restaurant with only 50 seats. If you put something commercial in there we would still have a parking problem. Mr. Schafer: I would want to bring that back anyway. At this point what we are trying to do is to have a plan that we could represent to tenants in the location of those buildings. Mr. Alanskas: You said at the last meeting you thought for sure you couldn't get a restaurant in that building if you only had 200 seats. Mr. Schafer: I'm sorry. Mr. Alanskas: You said that for the 9,750 sq. ft. building you thought you could not get someone to come in there for less than 200 sets. That it would not be enough for that size of building. Mr. Schafer: We are only going to allow 200 seats per restaurant. There may be a mixed use here. There may be a bakery, there may be something else attached. I just wanted to show some kind of balance here. Mr. Alanskas: So, in fact you wouldn't have more than 200 seats in both building "D" and building "E". Mr. Schafer: Correct. And if those uses change, we would be back in front of you to discuss that and the parking and this portion of the site plan would have to be modified 16775 to accommodate those uses. At this point we are shooting for two restaurant with 200 seats and our goal in asking for this approval on this portion of the project as we show this to tenants I would like to have a plan that has been endorsed by the Planning Commission and to say this is a configuration that looks good and this is where I want to draft the restaurant sites because as you know, if this were two restaurants they are going to want to locate in the center of those sites and they are going to want parking fields around them. At least I have a little bit of leverage I feel from the standpoint that we are trying to deliver a whole package here, a development that will be consistent throughout architecturally. Again we haven't submitted any elevation or building plans and those things you will be reviewing as we move forward with this. Mr. Alanskas: On the building for the bank which is 3,000 sq. ft., shouldn't that be building "F" ? Because on mine it says "E", You have 2 "E"s on the plan. Mr. Schafer: Yes. That should be building "F". Mrs. Koons: Two questions Mr. Schafer, the beefing up of the landscaping, what does that do to the percentage. Because it still says 15% in our notes Mr. Schafer: It is 16-1/2%. Basney and Smith re-ran the greenspace. Are you looking at the site plan? Mrs. Koons: No. I am looking at our notes. Mr. Schafer: The current site plan without the landscape I believe does have a note that calculates that at 16.44% Mrs. Koons: And what is the total area that the 16.44% is of? Mr. Schafer: The exact acreage? That is 3.53 acres. Mrs. Koons: And my second question is, your newest landscape plan I still don't see a fountain. Mr. Schafer: It's not noted on your current landscape plan? Mrs. Koons: No. Mr. Schafer: I know he put it on the revised plan. Mrs. Koons: This will be the plan we will be voting on though. Mr. Schafer: You know what,that was a revision he made on this plan and when he put this plan together he forgot to add that. Mrs. Koons: Do we have a size? 16776 Mr. Schafer: No, actually it is going to be of a wall variety with a two sided water feature on it. It is going to be situated in the island at approximately one 12' island. It will be anywhere from 16 to 20 feet. Mrs. Koons: Can we add this and say of not less than 16 feet? Mr. Nagy: I don't like to leave things like that. I would rather have a revised plan submitted with the understanding that we would hold up this resolution until we get a revised plan that will incorporate this. Mr. Schafer: That is something that can be revised and submitted tomorrow. I don't see an issue with that. Mr. LaPine: 16.50% landscaping, we are talking strictly commercial. We've got more landscaping on the rest of this? Mr. Schafer: Yes. Mr. LaPine: We are also going to get a fountain on the residential which will be on the residential portion of the plan? Mr. Schafer: Yes. Mr. LaPine: Let me say, I am happy with the cooperation you have given us and I know we have been through this three or four meetings now and I think you have come across with just about everything we wanted. There are some things we are not happy with, we are not happy with the drug store. I think the plan that you have shown us, the building elevation is a lot better than the normal drug store that we would get and I am ready to move for an approval on this, Mr. Chairman. Mr. McCann: I have a couple of questions. I owned a restaurant and had for 14 years and was in that business. You've got two pads out there. You've got approximately 224 spots and you need about 24 spots for the bank. That leaves you about 200 spots. You put two buildings on here, two restaurants of 9,750 and 8,545 and you put one into a bakery or whatever else in there it is going to require. If you limit it to 1000 sq. ft. you are still going to get 400 people in there on Friday night no matter what the City does. Between standing room and waiting room you just can't do it. You've got over 18,000 sq. ft. of space. No matter what we do, if we put restaurants in there, it is going to be a tremendous problem. How can I approve the plans, knowing we are creating a problem. Mr. Schafer: John, correct me if I am wrong, but this has to come back for approval for elevations and seating and parking and all that at another time. Mr.Nagy: We are not granting waiver use approval for restaurants. Mr. McCann: No, but he can build the buildings and then come back and say I have built the buildings we have gone through site plan approval. 16777 Mr. Nagy: He can't build buildings before any building permit can be issued because we are indicating before any building permit can be issued the buildings elevation plans and floor plans have to be approved. Mr. Mc.Cann: For what buildings? Mr. Nagy: For buildings "D", "E" and "F" Mr. Schafer: We haven't submitted those with this plan. We did submit them for these buildings. Mr. McCann: Why do we need to put them on the plan tonight at all? Before when we talked we said why not take this part off and let them come back with another part of the proposal. Mr. Nagy: You can. Mr. McCann: He said "no" we don't want to do that. But why are we putting this on, if we are automatically saying you can't build what you want. You are going to put a restaurant in there. And you are telling us that you are going to put a restaurant in there. Mr. Schafer: We can't build what we want until we bring in the final plans. I am just asking you to approve subject to not exceeding X amount of seats. Chances are the restaurant is going to be 5500 or 6500 sq. ft. which will probably will end up having some more greenspace and some additional parking. I just want to leave our options open whether a retailer wanted to come in instead of a restaurant I just wanted to leave our options open. But understanding that I will have to come back for approval for the elevations, the seating and floor plan. Mr. McCann: If it is a restaurant? Mr. Schafer: Yes. Mr. McCann: If it is anything else, he doesn't have to come back? Mr. Nagy: He has to come for building elevation approval for all three of those buildings on the east side of the boulevard. The only thing he is accomplishing by including it now is that he can start some infrastructure improvements. He can start putting the utilities in that area to accommodate a parking area. He can put a greenbelt across the front and do some general grading of the site. Realizing that before permits are issued for any of those buildings he has to come back. Whether they are out right permitted uses such as a bank or a bakery, or if they become restaurants then he has waiver use plus the building elevation plan approval. He simply is trying to get a head start on some of the site improvement instead of the building improvements. 16778 Mr.LaPine: You bring up a valid point. I am ready to approve this but you said something just now that kind of backs me off a little. I am willing to approve it tonight but I want the understanding that that portion is coming back to us but I want the understanding that I am not going to get any more commercial retailers. I want either the restaurants or we are going to go to something else. I am willing to approve this as long we you are willing to tell me that we are going to get restaurants and not going to get any retail. Mr. Schafer: Our intent is to have two restaurants. Mr. LaPine: I know what your intent is. But I am just saying that I can't approve it if I think one of those two buildings is going to be a retail. Mr. Piercecchi: I recall that after substantial critique of this site, that it was determined that the eastern portion of the development at the time that it was presented that it was basically the domain of two restaurants. Thereby the seating capacity of the facility should be based on Section 18.38, Schedule 17, which requires one parking space 125 sq. ft. of available space which is about 80%of the square footage of the particular building. It was further demonstrated that the western parking spaces with only a handful of exceptions are not only to be utilized but are difficult and dangerous to navigate since they must cross the main boulevard entrance to the commercial as well as the future residential complex. Based on studies, it was evident that the Commission as well as the developer found it acceptable to establish restaurant seating capacity on the availability of 223 parking spaces that were allotted to this section. Under this compromise the total seats to be allocated to the restaurants would be approximately 400. That is what the motion is tonight that was prepared by the staff, and that is what this developer is willing to accept. Mr. McCann: Are there any more questions? I have some questions regarding the east end and unfortunately I was not able to be here last week but I have questions for the west end. The area coming from the subdivision through the brick paving areas have to go right by a loading zone. Further,that both walkways approach areas are directly adjacent to related drive throughs. There is no separation between the walkway. You have a five foot walkway that abuts the curb on both sides there. There is no separation between the walkway and the road. If this is going to be a walkway and people are going to be walking, winter and summer, there is no separation between them and the oncoming traffic. Mr. Schafer: We chose to put the landscaping on the inside from the standpoint of maintainability, salt and that sort of thing, next to the road. Mr. McCann: But that doesn't do anything for the pedestrians walking up and down it pushing carts, you've only got a five foot walkway. If there are people coming back and forth and you've got cars coming back and forth. You've got trucks that are trying to get back there for loading zones. You are putting ease of care above safety. 16779 Mr. Schafer: We've put a lot of focus on this area and I'll tell you something after analyzing it, there's probably 15 or 20 residents that are probably actually going to be able to walk through there because everyone else is going to be funneled through the walk systems inside and come down through the central spine system and across. Mr. McCann: It has a much better access but if anybody is going to the drugstore or to the other mall, they will have to use the other entrance. Mr. Schafer: They are going to be coming through here. Mr. McCann: Right. I am really concerned with the sidewalk especially with the winter conditions and icy conditions in Michigan along side the road where trucks are expected to be coming and going and only a five foot walk. The idea we have always had behind this integrated thing is to have at least 200 units that are going to constantly walk through this. We really wanted to make it an integrated part of the condominium association and I have to look at their safety. I appreciate what you have done out front. The little plantings you have done out front of the stores. I think that has helped improve it. But again, it is the access to the individual stores behind there that concerns me. Again it is putting the sidewalks abutting the main road. Does anyone else have any questions? If there are no further questions, a motion is in order. On a motion by Mr. Piercecchi, seconded by Mr. Hale, and unanimously approved, it was #3-52-99 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 99-2-8-8 by Phoenix Land Development requesting approval of all plans required by Section 18.47 of the zoning ordinance in connection with a proposal to construct commercial buildings on property located at 33330 Plymouth Road in the Southwest/ 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 99-2-8-8 be approved subject to the following conditions: 1) That the Site Plan marked Sheet 1 prepared by Basney& Smith, Inc., as received by the Planning Commission on March 24, 1999, is hereby approved and shall be adhered to; 2) That the Landscape Plan marked Sheets Ll &L2 prepared by Calvin Hall& Associates, as received by the Planning Commission on March 24, 1999, is hereby approved and shall be adhered to; 3) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4) That the 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; 16780 5) That the Exterior Building Elevation Plan marked Sheet Al & A2 prepared by Basney & Smith, Inc., as received by the Planning Commission on March 24, 1999, is hereby approved and shall be adhered to; 6) That the brick used in the construction of the buildings shall be full face 4-inch brick, no exceptions; 7) That the three walls of each trash dumpster area shall be constructed out of brick and the enclosure gates shall be maintained and when not in use, closed at all times. 8) That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 9) That the building elevations for Buildings "D", "E" & "F" shall come back before the Planning Commission and City Council for their review and approval; 10) That Buildings "D" and "E" shall be development as restaurants, and the seating arrangement for both shall not exceed a combined total of 400 seats; 11) That the petitioner shall correct to the Engineering Department and Traffic Bureau's satisfaction the following recommendations as outlined in the correspondence dated February 12, 1999; that "No Left Turn" signs shall be posted for traffic exiting either driveway nearest the intersection that "No Left Turn" signs shall be posted to prohibit eastbound Plymouth Road traffic from turning into driveway immediately east of Farmington Road that the right turn deceleration lane on Plymouth Road shall be extended the entire length of the development that a right turn deceleration lane for northbound Farmington Road traffic shall be installed 12) That no signs, either freestanding or wall mounted, are approved with this petition. All such signage shall be separately submitted for review and approval by the Planning Commission and City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-2-8-10 by 16781 Edwards Glass Company requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct an addition to the commercial building located at 32000 Plymouth Road in the southeast 1/4 of Section 27. #3-53-99 RESOLVED that, Petition 99-2-8-10 by Edwards Glass Company requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct an addition to the commercial building located at 32000 Plymouth Road in the southeast 1/4 of Section 27, be taken from the table. Mr. McCann: Is the petitioner here? Mr. Hale: The petitioner was told he didn't have to come back. On a motion by Mrs. Koons, seconded by Mr. LaPine, and unanimously approved, it was #3-54-99 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 99-2-8-10 by Edwards Glass Company requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct an addition to the commercial building located at 32000 Plymouth Road in the Southeast 1/4 of Section 27, be approved subject to the following conditions: 1) That the Site& Landscape Plan marked Sheet 1 prepared by Kenneth E. West P.E., as received by the Planning Commission on March 16, 1999, is hereby approved and shall be adhered to; 2) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 3) That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4) That the Exterior Building Elevation Plan marked Sheet 4 prepared by Kenneth E. West P.E., as received by the Planning Commission on February 25, 1999, is hereby approved and shall be adhered to; 5) That the entire parking lot shall be repaired, resealed and double striped to the satisfaction of the Inspection Department. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-3-8-11 by Elias Brothers Restaurant, Inc. requesting approval of all plans required by Section 18.47 of the zoning ordinance in connection with a proposal to add a new entrance facade to the restaurant located at 37123 Six Mile Road in the Northwest 1/4 of Section 17. 16782 Mr. Miller: This Big Boy Restaurant is located in front of the Newburgh Plaza Shopping Center. The petitioner is proposing to construct a new structural canopy that would project out over the existing entranceway of the restaurant. The new entrance facade would be constructed out of panel brick and dryvit. Highlighting the canopy would be a checkered pattern of red and white aluminum material. Also as part of this proposal, a 5 foot high parapet wall, out of panel brick, would be added on around the entire top of the building. This feature would help adjust the height of the building to the new entrance facade and also help provide screening for the existing rooftop equipment. The existing cedar mansard roof would be covered with snap-on galvanized metal seam panels. A new trash dumpster enclosure would be constructed to the rear of the restaurant. Mr. McCann: John, is there any correspondence? Mr. Nagy: We have no correspondence on this. Mr. McCann: Is the petitioner here? Tom Reder, Ledy Design Group, 3135 Pine Tree Road, Lansing, MI 48911 If it helps I have a color rendering and I also have some illustrations, colored copies of other restaurants done to give you a better idea of what the facade is going to look like. Can I pass that out? Mr. McCann: Yes. You can set one right on the front, I think the camera will pick it up. Is this a new standard in Big Boy restaurants? Mr. Reder: . Yes it is. This is part of Elias Brothers new remodel program. We are going to try and do this to all the restaurants. More and more franchisees are getting on board and doing this. All the new Big Boys constructed will look basically like page #2. This is the new Big Boy in Grand Ledge, Michigan. The reason I included these two,the first page is a Big Boy in Romulus near the airport, the reason I included these two is the facade we are putting on the new store is exactly the same facade we are putting on the restaurant in Livonia. If you look at page 3, that is the entranceway of the Livonia Big Boy. Mrs. Koons: John, in the presentation by Scott he talked about panel brick are we supporting panel brick instead of the 4 inch brick with our new information? Mr. Nagy: We are recommending the full brick. We looked at the property, and so did Building Inspection and find there is actually full brick on the building now and there is no reason why it is not capable of holding additional brick for the new parapet. So our staff recommendation is for full brick. Mr. Hale: The green that comes from the metal secured roof? Is that right? Mr. Reder: Yes. 16783 Mr. Hale: That is not consistent with these pictures. I don't see any green on here? Is that a mistake? Mr. Reder: That green is around the side. The green is on the other side of the second photograph. I apologize it is not in the photograph. The actual color of the green, if you look at your third page you see a green metal on the greenhouse, that is the same color. Mr. Hale: It is much different. Mr. Reder: Markers just don't do it justice. Mr. Piercecchi: Are you aware of the practice at that Six Mile restaurant that I think should be corrected and that is your dumpster. The gates are in terrible shape and they are never closed. Never. I go to that mall almost daily, and I have never once seen them closed. Can you make sure that at least that practice gets followed now. You are probably going to move it in the next month but in the meantime can we adhere to Livonia's practice of keeping the gates closed and repair them? Mr. Reder: We absolutely can. Actually according to the new plan what we are doing is putting in a brick enclosed dumpster area that will be attached to the back of the building, new gates that will be closed. Mr. Piercecchi: How about in the meantime? Mr. Reder: In the meantime we will make sure that it is kept closed. Mr. Piercecchi: O.K. Thank you. Mr.LaPine: I just want to make sure what we are getting. We are not getting any red stripes around here, right? Mr. Reder: The brick on the facade will match the brick on the existing restaurant. As far as the facade goes you are getting the red and white checker stripes. Mr. LaPine: We are? Because I don't see it on the plan right there. Mr. Reder: It is noted right here. Mr.LaPine: O.K. The parking lot is in terrible shape, is that going to be repaved? Victor Ansara, 24827 Plymouth Road, Redford, MI 48239. Actually, that is Stuart Frankel's parking lot, we are a tenant on this space. Mr. LaPine: I understand that. But he hasn't completed that yet. He is going to do your portion too? Mr. Ansara: He is going to do our portion too. 16784 Mr. LaPine: Is the landscaping out front there where all those timbers are, is that your responsibility or is it his? Mr. Ansara: The landscaping immediately next to the building is ours. All that landscaping will be replaced. Mr. LaPine: Because all the timbers are in bad shape and the landscaping is dying. Mr. Ansara: All of that will be replaced and actually we have to be because of all the construction we are doing. Mr. LaPine: And we understand we are getting full 4-inch brick, right? Mr. Reder: I would like to address that. On remodels what we are doing is all around the perimeter of the building we have a cedar mansard roof. On top of that cedar roof what we are doing we are putting a panel brick parapet . The main reason for this parapet is to screen the rooftop equipment. Where we put the parapet is not on top of the full masonry structure. It is out on the parapet. This is the best look. It allows us to handle snow loads and control the build up of snow on this mansard. The panel brick will exactly match, or come real darn close and when said and done you won't be able to tell the difference. Mr. Alanskas: I beg to disagree with you. If you look at the design of the brick on your building it sticks out, it is not a flat brick all around the building. First of all I wouldn't approve panel brick. If you put panel brick up there it would be flat against the facade. You wouldn't have the same design that you have on the rest of the building. I'm sure you have seen the building. You've got all these bricks sticking out for design. That would not match your panel brick, number one and number two, the whole building is now full face brick, the rest of the building should be full face brick. If you need to have a load structure, then you should make it that way Thank you. Mr. McCann: Any other comments. Any questions? Mr. Reder: Introducing real brick and a real masonry backer to that brick it creates a very difficult structural problems and a lot of expense to correct those problems. If we do the panel brick, we can have the same look with a lot less expense to the owner. Mr. McCann: Any other questions? A motion is in order. Mr. LaPine: John, seeing that this is going to be on the top, do you see any problem with this. Mr. Nagy: We did discuss this, if you remember, at our last study meeting and we indicated because of its elevations and won't be exposed to damage from carts or people walking by, therefore it won't get the abuse and therefore it will have a better chance of sustaining itself. Given their intent it is there to screen their 16785 mechanical equipment. Which we think is a genuinely good effort on their part to do that. In this case I don't think we are actually deviating from our policy. He does make a good point that it does represent a great deal of additional cost because there is no ledge in those areas to carry that load. You would have to manufacture both expensive ledging material to support that. He's got me convinced. Mr. LaPine: You made the point that I was going to make. It is there only to cover up the mechanical equipment and the alternative would be he wouldn't put up brick at all he would put up some other type of screening? Mr. Nagy: Right. Mr. Ansara: We are doing a complete remodeling which isn't really before you tonight. But we are also doing a complete interior remodeling on this restaurant. All new furniture, mostly new tile, we are redoing the bathrooms, bringing them up to the current handicap standards, retiling, new fixtures. It will be a brand new restaurant on the interior and exterior and I believe that this is just a small concession. I believe we are doing it to screen the equipment and if we were required to do otherwise we would have to go to another type of material rather than brick because the structure just isn't there on the roof to be able to support that. Mr. McCann: Thank you. Any other questions? Mr. Hale: What other materials would be possible other than the panel brick? Mr. Reder: There is wood and more metal panels of light weight materials. Mr. Hale: What is the additional cost to modify it structurally? Mr. Reder: There are areas where we are putting the parapet wall over the greenhouse wall I have no masonry to work with there. It is substantial. Mr. Hale: The thing I am concerned about the panel brick is the structural integrity if water gets behind there and it is not the same at all. Mr. Reder: The panel brick system we are using on the new Big Boys that we are building are all panel brick now. We are not using real brick any more. This is thin brick. The two restaurants and panel brick restaurants. Mr. Hale: But they are not in Livonia. You would face a different obstacle in Livonia. On a motion by Mr. LaPine, seconded by Mrs. Koons, and unanimously approved, it was #3-55-99 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 99-3-8-11 by Ledy Design Group(Big Boy) requesting approval of all plan s required by Section 18.58 of the zoning ordinance in connection with a proposal to add a new front entrance facade to 16786 the restaurant located at 37123 Six Mile Road in the N.W. 1/4 of Section 17 be approved subject to the following conditions: 1) That the Exterior Building Elevation Plans marked Sheet A3.1 &A3.2 prepared by Ledy Design Group, as received by the Planning Commission on March 11, 1999, is hereby approved and shall be adhered to; 2) That the brick used in the construction of the structural entrance canopy shall match that of the existing structure and shall be full face 4-inch brick; 3) That panel brick shall be permitted in the construction of the 5 ft. high parapet wall only; 4) That the three walls of the trash dumpster area shall be constructed out of full face 4-inch brick, to match the building, and the enclosure gates shall be maintained and when not in use, closed at all times; 5) That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiency as outlined in the correspondence dated March 19, 1999: that the concrete sidewalk on the east side of the building shall be replaced that the asphalt on the south side of the building shall be repaired that the existing trash dumpster enclosure shall be repaired or removed 6) That no signs, either freestanding or wall mounted, are approved with this petition. All such signage shall be separately submitted for review and approval by the Planning Commission and City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Application for Review and Approval by Valvoline Instant Oil Change requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for the property located at 31151 Five Mile Road in the Northwest 1/4 of Section 23. Mr. Miller: The property is located on the south side of Five Mile between Merriman and Bainbridge. The applicant is requesting approval to substitute a greenbelt in lieu of the protective wall that is required between a commercially zoned property and a residentially zoned property. According to the City Law Department, when a protective wall is required, a property owner has one of three choices. To either install the wall, obtain a temporary variance from the Zoning Board of Appeals or have the wall permanently waived by the 16787 substitution of a greenbelt. Such substitution shall be subject to approval by the Planning Commission and/or City Council. The applicant is requesting that the existing landscaped greenbelt along the south property line and behind the oil change facility be accepted as an appropriate substitution. The area in question is 40 ft. in depth and contains a 2-3 ft. high berm. Five Austrian Pines furnish screening from the abutting neighbor. Mr. McCann: John, is there anything additional? Mr. Nagy: No. Mr. McCann: Is the petitioner here? Robert Tamm, Regional Development Manager, 12836 Foley Road,Emmett,MI 48022. Mr. McCann: Is there anything additional you can tell us about your proposal and why you are requesting it? Mr. Tamm: Nothing other than what has been there for eight or nine years. Mr. McCann: We notified the adjoining property owners of this meeting tonight. Are any of the adjoining property owners here this evening? Are there any questions from the Commissioners? Mr. Alanskas: How long have you been at that building? You said eight or nine years. Mr. Tamm: Since 1991 when we received our variance. Mr. Alanskas: Do you lease it or own it? Mr. Tamm: We own it. Mr. LaPine: When you went to the Zoning Board of Appeals, what did they give you a five year waiver? Mr. Tamm: Initially a one year and then a seven. Mr. LaPine: What is the hardship of you going back to the Zoning Board of Appeals and just then continue to give you a waiver. It doesn't cost you anything. They notify you. I have a problem giving this to you. Only based on the fact that maybe some day down the road maybe five years, or ten years, you sell the property and a new business goes in there that may be more intrusive to that neighbor and they may want to build back farther and it causes trouble to the homeowner in the rear. This way the Zoning Board of Appeals still has a hammer on that. Maybe at the time the new one goes in there he may put up a wall. As long as there is no hardship on you going back to the Zoning Board of Appeals and the odds are that as long as they have no complaints in their files saying anybody has a complaint they are going to give you an additional five or ten years waiver. 16788 Mr. Alanskas: Seven year waiver. Mr. LaPine: I don't really see any hardship that you have. Mr. Tamm: My understanding was that the purpose for this waiver was to eliminate having to come back. Mr. Nagy: The Zoning Board encourages them to come before the Planning Commission and you still have the hammer. Under your scenario, if the building should change and becomes more intrusive they first have to go through the site plan approval process and the hammer is with you,the Planning Commission, to determine and review that site plan and see if under that new development proposal whether if in that instance the proximity of the parking might change whether it is more desirable to have that wall versus the greenbelt. So it is really at your level that you will be able to deal with it and you will have the hammer and not the Zoning Board. Mr. Alanskas: So we can waiver the permanent waiver? Mr. Nagy: Right. All the standards of the ordinance will come into play again on a change or a new development proposal including the one on the screen wall. Mr. McCann: If there is a change in any way? Mr. Nagy: Exactly. Mr. McCann: Any other questions? Hearing none, a motion is in order. On a motion by Mrs. Koons, seconded by Mr. Hale, and approved it was RESOLVED that, the City Planning Commission approved the Application for Review and Approval by Valvoline Instant Oil Change requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for the property located at 31151 Five Mile in the Northwest 1/4 of Section subject to the following conditions: 1) That the natural landscaped greenbelt along the south property line, as shown on the plan received by the Planning Commission on March 2, 1999, shall be substituted for the protective wall required by Section 18,.45 of the Zoning Ordinance; 2) That this area shall remain in its present state and any changes to this area shall require Planning Commission review and approval; 3) That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiency as outlined in the correspondence dated March 18, 1999; 16789 that the existing trash dumpster that is not enclosed shall either be removed or screened from public view that the entire parking lot shall be repaired and double striped. A roll call vote was taken with the following results: AYES: Koons, Hale, McCann NAYS: LaPine, Alanskas, Piercecchi ABSENT: None The motion fails. Mr. Piercecchi: I didn't think it was that great of a problem to let it stand the way it is. If things come down the road,who knows, who knows if it will be remedied if the property does change. It doesn't affect this gentlemen at all. He gets what he wants. I will make a motion to deny. On a motion by Mr. Piercecchi, seconded by Mr. LaPine, and denied it was RESOLVED that, the City Planning Commission does hereby deny the Application for Review and Approval by Valvoline Instant Oil Change requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for the property located at 31151 Five Mie Road in the Northwest 1/4 of Section 23 for the following reasons: 1) That denial of this application is in the best interests of the City of Livonia. 2) That the applicant shall either renew their temporary variance with the Zoning Board of Appeals or install the protective wall immediately. Mr. Nagy: Can I make a comment for the record. On the rehearing for these temporary variances the applicant does pay another fee. It is not at no cost to him. Mr. LaPine: That must be different than when I was on the Zoning Board because there was never another fee. Mr. Tamm: Could I make a comment? Would it help your concerns if we were to include the entire area behind the asphalt as the landscape area? Mr.McCann: How far is that? Mr. Tamm: About 85'or 100'. Mr. McCann: Would that help, Mr. LaPine? An 85 foot greenbelt? 16790 Mr. LaPine: It really doesn't make any difference. I was out there and looked at the property. What I looked at is doing the job and John is probably right in his interpretation and I don't see any reason to leave it with the Zoning Board of Appeals the way it has been going on for eight years and go back and get a variance granted. That is my position. If other people don't want to vote that way, that is fine. A roll call vote was taken with the following results: AYES: Piercecchi, LaPine, Alanskas NAYS: Hale, Koons, McCann ABSENT: None The motion fails. On a motion by Mr. LaPine, seconded by Mr. Alanskas, and unanimously it was #3-56-99 RESOLVED that, pursuant to a Regular Meeting having been held on March 23, 1999 by the City Planning Commission on Application for Review and Approval by Valvoline Instant Oil Change requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for the property located at 31151 Five Mile Road in the Northwest 1/4 of Section 23, the City Planning Commission does hereby determine to table Application for Review and Approval to April 20, 1999. A roll call vote was taken with the following results: AYES: Hale, Alanskas, LaPine, Piercecchi, McCann NAYS: Koons ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Sign Permit Application by Detroit Metro Signs, on behalf of Walgreens, requesting approval for signage for the drug store located at 8850 Newburgh Road in the Southwest 1/4 of Section 32. Mr. Miller: This property is located on the northeast corner of Joy and Newburgh. On September 23, 1998 the City granted site plan approval to allow the construction of a drug store on this site. As a condition of that approval it was specified: That no signs, either freestanding or wall mounted, are approved with this petition. All such signage shall be separately submitted for review and approval by the Planning Commission and City Council. The applicant is requesting approval for 3 wall signs and a ground sign for the Walgreens Pharmacy presently under construction. Because the proposed signage is in excess of what is allowed by the sign ordinance,the applicant first had to be granted a variance from the Zoning Board of Appeals prior to 16791 being presented to the Planning Commission. A variance (case#9903-23 was granted at the Board's March 2, 1999 Regular Meeting. Signage Permitted for this site under Section 18.50H: 1 wall sign, not to exceed 112 sq. ft. in sign area. 1 ground sign not to exceed 30sq. ft. in sign area, not to exceed 6 feet in height. Signage granted by the Zoning Board and Proposed: 3 wall signs totaling 143 sq. ft. in sign area. South elevation- "Walgreens Pharmacy" - 65 sq. ft., West elevation- "Walgreens Pharmacy" - 65 sq. ft., South elevation- "Drive Thru Pharmacy" - 13 sq. ft. 1 ground sign- 30 sq. ft. in sign area, 6 feet in height. Excess Signage: 2 wall signs, 31 sq. ft. in wall sign area. The proposed ground sign, with only the graphic "Walgreens" on it, would be located at the southwest corner of the site, which is near the intersection of Joy Road and Newburgh Road. Mr. McCann: John, anything new? Mr. Nagy: No. Mr. Piercecchi: Scott, this is the same signage package we approved for the other store? Mr. Miller: Exactly. Mr. McCann: Is the petitioner here? Paul Deters, Metro Detroit Sign, 23544 Hoover Road. I would like to say this is consistent with the sign package that has been approved previously for Six Mile and Middlebelt. The reason for the signage is for them to be able to communicate particularly that drive-thru pharmacy. That is such a tremendous selling point that it is critical for them to be able to identify that for potential customers. I think the way the buildings are done it is very tastefully done relative to the size of the buildings isn't overstated. It fits in with the spirit of the ordinance. Mr. McCann: Any questions? Hearing none, a motion is in order. On a motion by Mr. Hale, seconded by Mr. Piercecchi, and unanimously approved it was #3-57-99 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Metro-Detroit Signs, on behalf of Walgreens Pharmacy located at 8850 Newburgh Road in the S.W. 1/4 of Section 32 be approved subject to the following conditions: 1) That the Sign Package submitted by Walgreens, as received by the Planning Commission on March 11, 1999, is hereby approved and shall be adhered to; 2) That any additional signage shall come back before the Planning Commission and City Council for their review and approval. 16792 tif Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on the City Council with an approving resolution. Mr. Piercecchi, announced the next item on the agenda is Satellite Dish Antenna Application by Jian Lin requesting approval for the installation of a satellite dish antenna for property located at 17430 Cross Winds Road in the southwest 1/4 of Section 11. Mr. Miller: The applicant is requesting approval to install a satellite dish antenna on his residential property. The Site Plan shows that proposed antenna would be located up next to the west elevation of the house, approximately 12-1/2 ft. back from the front yard. The proposed dish would be 36 inches in diameter and mounted on a ground base bracket. The overall height of the entire antenna would be approximately 30 inches. As the Planning Commission will recall, the neighbor to the west of the subject property was recently approved for a similar size antenna at the Regular Meeting of January 12, 1999. In reference to neighbor notification, the applicant has submitted a consent form with signatures of both neighbors to the east and west of his property. Mr. McCann: John, anything new? Mr. Nagy: No. Mr. McCann: Is the petitioner here? Jian Lin, 17340 Cross Winds Road, Livonia. Mr. McCann: Is there anything additional you would like to tell us this evening about your request? Mr. Lin, Jr.: I will speak for my dad. This is a satellite dish. It only gets one channel from a Chinese program. That's it. Mr. McCann: Any questions? Mr. Alanskas: It says that you are going to screen the dish with landscaping, how do you plan on doing that? It says that you are going to come back, with a landscape plan. What we are asking you to do, so that the dish will not be seen to put shrubs or flowers around it. Thank you. Mr. Miller: That is part of our conditions. He was not aware of it. Mr. Hale: Is there any way that this can be placed back further towards the rear of the property. In my mind it is still too close to the front. The next door neighbor still didn't put it far enough back. Did you check with the satellite company to see if you could still pick up the signal from the rear of the house? 16793 Mr. Lin Jr.: Yes. We can pick up the signal. Mr. Hale: You can? O.K. Can you put it in the rear so it can't be seen from the front. Mr.Lin Jr.: Yes, how far? Mr. Hale: Anywhere so that it is not visible from the front of the road. Mr.Lin Jr.: We can work it out. Mr. Hale: Is that acceptable? Will that work for you. Can you pick up the stations that you need? Mr.Lin Jr.: Yes, we can work it out. Mr. Hale: If you can't for some reason,then come back and we will have to address it again. We don't want to present a hardship but by the same token we want these out of view, as much as possible, from the front, in my opinion. Mr.Alanskas: As you know these dishes have to face southwest 14 degrees and if you put if behind the house which is still facing south with all that brick he will have a hard time picking up the signal, won't he John? Mr.Nagy: He has to be able to pick up the satellite signal from whatever satellite that he is tracking. Mr. Alanskas: On the side of the house it is open but if he goes back behind the house with all that brick I think he is going to have a problem. Mr.Nagy: He might be back behind the house but he may be out to the side in the clear Mr. McCann: Can we approve this subject to the farthest back as he can go and still obtain the signal. Mr.LaPine: I think Mr. Hale wants it back like the guy next door. He had it right back to the edge of the house. Mr. Hale: The guy next door does not have it back that far. Mr.LaPine: But he is suppose to put landscaping around there. Mr.Hale: My point is I would like to see it behind the building. Mr. Lin Jr.: It should be facing south. Mr.Hale: Well you can still put it as far back as possible. On a motion by Mr. Hale, seconded by Mr. Alanskas, and unanimously approved, it was 16794 #3-58-99 RESOLVED that,the City Planning Commission does hereby approve the Satellite Dish Antenna Application by Jian Lin requesting approval for the installation of a satellite dish antenna for property located at 17340 Cross Winds Road in the Southwest 1/4 of Section subject to the following conditions: 1) That the Site and Specification Plan submitted by Jian S. Lin, received by the Planning Commission on February 26, 1999, is hereby approved and shall be adhered to, except for the fact that the dish antenna shall be relocated toward the rear of the house, adjacent to the northwest corner of the building; 2) That a Landscape Plan, showing the screening of the dish, shall be submitted to the Planning Department for their review and approval within 30 days of this approval. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Koons: Mr. Nagy or Mr. Miller, would you make sure that we have a phone number so that they can be reached so that they will know to come back? tv Mr. Nagy: Yes. Mr.Lin Jr.: We have to come back? Mrs. Koons: Yes, with the landscaping. On a motion duly made, seconded and unanimously adopted, the 782nd Public Hearings and Regular Meeting held on March 23, 1999, was adjourned at 11:20 p.m. CITY PLANNING COMMISSION 7 Dan Piercecchi, Secretary ATTEST , Jame. C. McCann, Chairman /rw