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HomeMy WebLinkAboutPLANNING MINUTES 1999-10-05 17147 MINUTES OF THE 793rd REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 5, 1999,the City Planning Commission of the City of Livonia held its 793rd 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. Members present: James C. McCann Michael Hale Dan Piercecchi Elaine Koons William LaPine H. G. Shane Members absent: Robert Alanskas Messrs. Mark Taormina, Planning Director, Al Nowak, Planner IV, Scott Miller, Planner II and Bill Poppenger, Planner I were also present. Chairman McCann informed the audience that if a petition on tonight's agenda involves a rezoning request,this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing, and will make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan 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 becomes 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. We will begin with the Miscellaneous Site Plans for our agenda. Mr. Hale, Secretary, announced the first item on the agenda is Petition 99-9-8-23 by Canvasser Brothers, on behalf of the Buckingham Plaza, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 27462 Schoolcraft Road in the Southeast 1/4 of Section 24. Mr. Miller: This property is located on the northwest corner of Schoolcraft and Inkster. The petitioners are requesting to renovate a section of the Buckingham Plaza Shopping Center. It has been explained to staff that the petitioners own part of the center and are proposing to remodel only the portion of the center they own. Different people own different sections of Buckingham Plaza, ranging from one unit to a collection of units. The Canvasser Brothers are proposing to renovate their portion of the center which is defined as the area between the old AAA Claims Office, which is the easterly most unit of the center, and the unit occupied by the Livonia Danish Bakery (see Key Plan on Site Plan). A 5 ft. band of dryvit material would be installed along the top of the building and the 17148 storefronts underneath would be painted. Presently a panel of corrugated metal runs along the top of the building and an assortment of colors adorn the various �.. storefronts. When questioned about the existing parking lot,the petitioners stated they believe it is in good shape and is not part of the proposal. Presently there is no landscaping on the site. Mr. McCann: Is there any correspondence? Mr. Taormina: We have three items of correspondence. The first item is a letter dated September 23, 1999 from the Livonia fire and Rescue which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate a portion of the exterior building elevations of the shopping center located on the property located at the above referenced address. We have no objections to this proposal, as long as existing egress within the tenant spaces is not diminished." The letter is signed by James E. Corcoran, Fire Marshal. The second item of correspondence is a letter dated September 29, 1999 from the Inspection Department which reads as follows: "Pursuant to your request of September 22, 1999,the site plan for the above subject petition has been reviewed. The following is noted for the entire center. (1) The site plan does not depict the building materials to be used for this project. (2) The service drive behind the building (north side) is in need of repair. (3) Several curbs and approaches need repair. (4) All unused parking blocks in front of the AAA space should be removed. (5) All right-of-way landscaping is weed infested and the parking block in right-of-way needs to be removed. (6) The rear (north `"" side) of the building is in need of painting. (7) Portions of the protective wall that were previously painted need to be repainted. I trust this has provided the requested information." The letter is signed by David M. Woodcox, Senior Building Inspector. The third item is a letter from the Engineering Division, dated September 30, 1999, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal at this time. We trust that this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. Thank you. Mr. McCann: Is the petitioner here this evening? Robert and Byron Canvasser. We are the managing partners of the entire shopping center however we own this portion exclusively. The other portions there are multiple partners on and our intention is to upgrade the center somewhat and it is going to be in dryvit. I thought that was on the plan. I see the building inspector says it wasn't but I was certain it was but it was perhaps with an oversight on our part. We would appreciate the consideration of this board in allowing us to proceed. Mr. McCann: Are there any questions from the Commissioners? Mr. LaPine: How long has that center been there? Robert Canvasser: Probably older than that lady sitting over there. 17149 o.. Mr. LaPine: About 30 years? Robert. Canvasser: Oh no, it is older than that. Probably closer to 40 years. Mr. LaPine: In those 40 years have you done any upgrading on the center? R. Canvasser: Oh yes. Mr. LaPine: When was the last time? R. Canvasser: Probably 10 to 15 years ago. Mr. LaPine: At one time did you own the parcel that Frank's is on and the parcel that AAA was on? R. Canvasser: We still have a partnership interest in both of those properties. Mr. LaPine: So you have some rapport with those two partners? R. Canvasser: Yes we do. Mr. LaPine: I guess where I am coming from, I am in favor of doing an upgrade of that center. R. Canvasser: So are we. Mr. LaPine: But to do it in the piecemeal way we are going to do it here now, I think we are doing a disservice to you,to us and to the City. Is there any way you can get together with the people that owns Frank's and AAA and come up with a comprehensive upgrading of all the buildings, the whole center. In my opinion, when I am done you can answer these questions. In the back of the building, the road that goes behind the building is in terrible shape, west behind the building all the way down to the west wall, those panels are cracked right through. There is a lot of work that has to be done to those buildings out there. The signage is just hodge-podge out there. There is nothing that is coherent. If we are going to do it, let's do in such a way that we are really going to upgrade that center. The way we are doing it right now is the wrong way. Frank's may come along and want to do something else and then that is not compatible with what you are doing. Whoever takes over the AAA building may want to do something that isn't going to be compatible with Frank's or what you are going to do. It's got to be done on a comprehensive way that it looks like a nice brand new center, basically. If you can answer some of those questions, I would appreciate it. R. Canvasser: I would be pleased to, Mr. LaPine. First I have talked tot he owners, our partners on the automobile club building. The building has been empty for over three years. They have made every effort in the world to lease that. We've given it to every brokerage company. There is a big sign up there as you see. 17150 We've offered brokers commission and a half if they could get us a tenant but the partners over there are paying taxes. They are paying for insurance. They are paying for lighting the parking lot. They are paying for snow removal. It is costing them a great deal of money. It has stood empty for four years and quite frankly I can't get them to put in three cents into the building. They are heating it during the winter and they are paying all these expenses. They are saying, "let's get it leased then we can talk about it". But right now the building has been empty for over three years, made every in the world to lease it and they just don't want to spend any money. The fact that they don't want to spend any money doesn't stop my brother and myself from wanting to spend money to upgrade the balance of the center but we can't get them to put their hand in their pocket. As far as the Frank's Nursery at the other end of the center,their lease is expiring in about one year and they haven't made up their mind if they are going to remain or whether they are not going to remain. We have a partnership with the owner of that property likewise. But we don't have complete control over there. We do have total control over on this that we are offering to upgrade. That answers your first question hopefully. As far as the alley, I don't disagree with you at all on the shape of the alley. My brother and I just drove through it again. We check these centers, we have a number of centers, we check every one of our centers a minimum of two to three times a week. We know the condition of that alley and we have every intention of certainly paving the wall, trimming the trees over there and cleaning it up the best we can. WE have every intention of doing that. As far as the plan doesn't show the signage, the signage, and I did speak to Scott Miller concerning the signs, our intention is `4110' that all the signs should be individual letters on runners and that the dryvit that we are putting on there that was designed by Rogvoy and Associates would be the back part,the background of the signs. Right now we have no intention of going back up there with box signs. There are two signs up there presently that are in individual letters on runners. Any new signs must be on individual letters and on runners. I believe that answers your questions. Mr. LaPine: Thank you, I appreciate that. Mr. Piercecchi: I may mention of the things that Bill came across but I have a few prepared remarks here that I would like to give. To begin with, sir, I sincerely that all members of this Planning Commission and the City Council and anybody that works for the City gratefully acknowledge each and every improvement made within our beautiful City. Improvements are an asset, not only to the property owner but to the City as well and they insure longevity on both the centers and to the well being of the City. However, in studying your plan, via three visits to the site, I question whether your proposed upgrade is in effect an improvement really worthy of your expenditures. My evaluation indicates that the changes amount to only painting the bricks at the base of those shops with bricks at their base and exchanging the upper metal panels with dryvit. Assuming your intent was to attract upscale clients and customers, I feel that this attempt will not add a new dimension to your property or improve its personality. For example, a .., covered walkway between stores via as cantilevered wooden structure or a dignified awning could prove much more effective. I am sure there are many avenues that you could follow to upgrade that facility. How about the panels at 17151 the end of the south section of your buildings there which is perpendicular to 96. They are a major distraction. They are painted different colors. They are recessed. They are totally out of style with the remainder of the facility. And sir, I too am puzzled as Commissioner LaPine stated about a piecemeal approach towards an improvements. You explained a little about why the entire center is not being considered, however, I am told by our Assessor's Office that only Frank's and the old AAA building are not completely under your control. I think it would be more prudent if you would go back, study your facility and come up with a more comprehensive plan. I think it would be in the best interest of you and your money would be spent. Dryvit for paneling and painting the bottom of the brick is not going to do the job. Thank you Mr. Chairman. R. Canvasser: May I respond? Mr. McCann: Yes. R. Canvasser: I appreciate your comments. I truly do. Your Assessor is correct. We are the managing partners of the entire center. We do not own the Frank's Nursery as I explained earlier. We have a partial interest in it and we do not own the automobile club building but we have a portion interest in it but we are the managing partners for the center. As I explained to Mr. LaPine, with a one year lease going, the other partners aren't prepared to put any money in there until they know that that property is going to remain a Frank's Nursery. That property might conceivably be torn down and a different type of building built there. That is item, number one. Item number two, we gave a great deal of thought to how much money we could spend. Down the street as you know where the race track was they are doing quite a beautiful set up down there as I understand. I have seen some pictures of it. It is the same architect did that that has done our work over here. They are getting in excess of$25.00 a square foot. WE are getting roughly $6.00 a square foot. That is a brand new project. We don't have the funds to spend that they can spend down there. We are in the process right now of doing a total roof renovation that will run close to $200,000. We are $6.00 square feet people. They are $25.00 square foot people. The economics to put an overhang out there and to spend that kind of money, this is a 40 year old center, 35 year old center. We cannot compete down the street. Mr. Piercecchi: I acknowledge sir that you are only getting $6.00 a square foot. I had heard that number a while back but sometimes you have to make an investment. If you upscale it, perhaps you can demand more and other clients will fight to get into that center. Right now I can see why you have problems raising your rent on your square footage. I can see it, because when I was there three times, I saw very few cars there. Frank's was probably the only one that was really doing anything. Mrs. Koons: Do you have a list of the deficiencies the Inspection Department found? R. Canvasser: Yes, I was faxed that letter by Mr. Miller. 17152 Mrs. Koons: Eight items, I see. R. Canvasser: Seven items on my list. Mrs. Koons: If you were granted approval here tonight to do the renovation you wanted to do, what is your opinion on those seven items? R. Canvasser: I told Mr. Miller first of all, I have every intention of painting the wall in the rear. I mean it doesn't show on the plan because it had nothing to do with the plan. Certainly if we are going to put a new roof on the building, we are going to put a new face on the building. We are going to put new signs on the building and we are certainly going to paint the back of the building. We certainly are going to paint the wall over there which I told to Mr. Miller. We certainly have intention of once we start going in there to do the work, the parking blocks, when the auto club moved out they left the blocks and the blocks have been there. Certainly if we ever found a tenant the blocks would have been moved a long time ago. No tenant has come so they have stayed there. If you want them moved, I will be happy to move them. That certainly is not a problem. We are happy to remove them. Mrs. Koons: So these seven items are.... R. Canvasser: The service drive behind the building is in need of repair. Yes we have intentions of repairing that. To replace that drive, you are talking about another couple hundred thousand drive. That is a concrete drive, pickup, remove and replace. It's got to be done, no question. I agree 100%with this letter and my brothers and I have talked about it. We are talking about some big bucks when we are putting $200,000 about putting a new face on the building. When we are putting new signs up there and when we are doing all these things. We have every intention of doing it. Whether we will be able to do it in one year, or whether I can promise to this Board that I'll do it at the same time as this, I wouldn't do that. Undoubtedly it will have to be something that will phase. Maybe we will do 100 feet at a time. Because you are talking about big, big bucks. You are talking about pick up the concrete. Tear it up, haul it away and repave it. Yes, we have every intention of doing it. I can't make you a promise nor would I make you promise at this time that it will be done at the same time as the project. Will it be done? Yes, it will be done but it will probably be phased over a period of perhaps four years. Mrs. Koons: I have one more question for you. R. Canvasser: Certainly. Mrs. Koons: The portion of the building that you own exclusively, how many tenants are in that part of the building? B. Canvasser: Sixteen. 17153 Mrs. Koons: And all units are occupied? R. Canvasser: Everything is occupied. We have no vacancies on the property at the present time. When I say $6.00, I don't want to mislead anyone. We are getting from $6.00 up, slightly. Six, seven and perhaps as high as eight dollars. But we are not getting anywhere near $25.00 a square foot. I don't want you to go away thinking these poor guys are only getting $6.00 a square foot. That isn't true. We are getting somewhat more than that. Mrs. Koons: Thank you. Mr. Piercecchi: Can I comment on that $6.00? R. Canvasser: Yes. Mr. Piercecchi: Sir, a used car cost a lot less than a new car. Perhaps that is the reason. Mr. Shane: Mr. Canvasser, how many centers do you own? R. Canvasser: Eight at the present time. Mr. Shane: Are any of those centers located anywhere near Livonia? Could you furnish us with a list of those locations of those centers? R. Canvasser: Certainly. Mr. Shane: How many of those centers are you currently engaged in upgrading? R. Canvasser: We have a center we upgraded on the corner of 12 and Dequindre in Madison Heights on the north west corner which we upgraded about three years ago which we did very similarly to this incidentally. It has all individual letter signs on it. It has dryvit on it. The bottom part was all painted and I think it is quite attractive. We have a center on 10 Mile and Ryan in the city of Warren which we upgraded about eight years ago. I haven't got the exact dates of these upgrades. You caught me off guard. We have one out in Howell that we just upgraded two years ago. We have one in Waterford on Airport Road and M59, kitty corner across the street from the airport which we did a portion of that five years ago. We have one down in Florida but I don't think you want to go down and take a look at it. It is a beautiful center. It is in Boca Raton. Mr. Shane: I'll go look at it. O.K. Thank you. R. Canvasser: We have one in Clinton Township also. But that is a K-Mart and they have total control. .,k Mr. Hale: Sir, do you expect to raise your rates at all per square foot with the new improvements? 17154 R. Canvasser: Well, everyone is under leases right now. As leases run out we certainly hope to raise rates. B. Canvasser: We have been able to keep these properties occupied by underselling the market literally. Is it better to have a $25.00 sq. ft. rent and empty space or is it better to have to have a $6.00 or $7.00 sq. ft. tenant and have your space occupied? That is what we are faced with. R. Canvasser: As you look at our center, our tenants are what you call "mom and papa" tenants. They are all mama and papa tenants. We have the party store there. Perhaps you have walked into it. This guy there, if you raised him two bucks, he is gone. I mean these are all mama/papa stores. We have the fruit market there that goes from a year to year lease. We have one national tenant there and that is Minnesota Fabrics that recently changed their name there. They are the only national tenant, Hancock. Mr. Hale: These are pretty much one year leases that you have? R. Canvasser: No,they are all longer than one year leases all except Jack's Fruit Market. He goes strictly year to year. Mr. Hale: As part of this site plan, all of the awnings are coming down right? There are some awnings out there that are falling down anyway. R. Canvasser: Just one. Mr. Hale: The one with the bakery? R. Canvasser: No. We're not doing the bakery. Mr. Hale: Oh that is right, the bakery is not included. R. Canvasser: There is only one awning on the part that we are doing and that is on Jack's Fruit Market. Mr. Hale: The bakery, is that under your control? R. Canvasser: Everything there is under our control. We don't own everything. Mr. Hale: O.K. Is the bakery under your ownership? R. Canvasser: We are partial owners. Mr. Hale: But why isn't that included in the site plan? I'm sorry if I missed that. R. Canvasser: What we are proposing to renovate, my brother and I have sole total control. The other property we have partners and so own. 17155 Mr. Hale: How much money are you going to put into this renovation project? Can you give us an estimate? B. Canvasser: Thirteen thousand dollars. R. Canvasser: Not counting the signs and the signs will be every bit that much again. Mr. Hale: The tenants don't pay for those signs? B. Canvasser: You can't go to our tenants with these expenses. R. Canvasser: Individual letter signs are not cheap. There are sign people here that will probably contact us after the meeting and I hope they will be happy to. But they can tell you the price for individual letter signs on runners are. The box signs are very inexpensive signs. Two of our tenants do have individual letter signs presently and we intend that the balance of the center will have them. I can't go to these people and say you've got to spend $4,000. They haven't got the money. Mr. Hale: Your budget is pretty much limited to $50,000 for this project? R. Canvasser: No, we are spending a lot more than that. We are going to spend close to $200,000 on roofing that has nothing to do with this. We are going to spend $50,000 on this plus the signs. New Mr. Hale: O.K. thank you. Mr. McCann: I have a few questions myself. Most of these leases triple net. You are talking $6.00 to $8.00 but they are triple net leases, aren't they? R. Canvasser: Most of them are. Mr. McCann: Why is it in such disrepair? I have been leasing property for a long time. When they come out and they have to seal coat the parking lot and they have to do the annual maintenance that is all part of our bill at the end of the year. Why do you let it get so bad? R. Canvasser: I am glad you said that because you know what common area maintenance on the shopping center generally runs, probably in excess of$3.00 a square foot. If we charge these people $3.00 a square foot, we are empty. These are mama, papas. These are small people. Mr. McCann: But you gentlemen are business owners and you are taking the position that we are going to let it run down until people won't want to drive into your parking lot because the roads are so bad they will damage their cars and until the last minute we'll let it go until it is just so bad that we have to put some money in. How much owner ship do you have in the bakery? What is your percentage, you and your brother? 17156 R. Canvasser: A sixteenth. Mr. McCann: What about the pool hall? R. Canvasser: The same, a sixteenth? Mr. McCann: Do you have any management agreement in your leases with them that says they have to maintain .... R. Canvasser: Yes Mr. McCann: But all your leasees have to maintain their property and it is like when I go to remodel the kitchen on my home, I take a second mortgage out, an equity loan. Because like I said it is going to improve the value of my home and it is something you need to do every 15 or 20 years. My wife is going to kill me if we don't do it very soon but that is just a fact of life and the fact of ownership is that you have to take an equity loan out. You've got an asset there worth multi- million dollars and if it requires to take a loan out to get this s tuff done it does. B. Canvasser: Nobody is questioning that sir. You brought up the paving. We repaved that lot five years ago. There isn't a chuck hole in that lot from one end to the other. Mr. McCann: The alley. B. Canvasser: Oh, the alley. I was talking about the front parking area. Mr. McCann: But there are neighbors that live by that. That is a concern too and with the kids that are around there. I am just concerned. I would like to see that you've come back and I like to see that you are doing this, don't get me wrong, I am just getting the attitude that it is, "we are going to keep the rents low and only put a little bit of money in it". I don't understand because in Livonia, I talk to business people all the time and it is a great place to be a landlord. R. Canvasser: Believe me, we would love to raise the rent and as you say the tenants do pay for the common area maintenance. So if we raise the rent,that is our money. They pay their taxes, insurance and common area maintenance. We would love to be able to raise the common area maintenance to $2.50 to $3.50 a square foot. We have maintained it because of the fact of the type of tenants we've got. Perhaps we've got the wrong type of tenants but the property has totally been occupied ,100% occupied for years and years. With this renovation, hopefully perhaps we'll get a better class of tenant in there. As my brother Byron said, there is not a chuck hole in that entire parking lot. The alley, you are right and I believe I answered the question. We have every intention of repairing the alley. B. Canvasser: Part of our problem in the alley is that we have had an on-going problem with water main breaks. We've had, in the past six years, three major water main breaks back there. Unfortunately, 30 or 40 years ago there were some bad bolts that were produced and this is common, if you check with your water 17157 department they will tell you that when that water main was installed it was fairly prevalent across the country. Now these bolts started to corrode and to �.. fail. Of course, every time we have a water main break we have these huge excavation problem, repairs and so on. That is part of the problem we have had. Mr. McCann: With regard to the AAA building, every corner in Livonia, drug store companies have been coming by and wanting to buy up, I can't believe they haven't bought that corner for a drug store. B. Canvasser: Neither can I. But let me tell you, there are two things that all the drug stores we have contacted, every major as well as every independent drug store. Here is the consideration. Number one, because of the expressway being depressed. Two, drug stores have a rule generally do not locate on the expressways. Mr. McCann: I am just really surprised because we see them on every corner. R. Canvasser: We've been to every one of them. Mr. McCann: O.K. Mrs. Koons: Just one more thought for your AAA building. I know many universities are looking for property close to expressways for learning centers. R. Canvasser: We can answer that question real easy but I'll let Byron answer that one. B. Canvasser: We worked originally with Wayne County, as a matter of fact, a year after the building closed with emotionally handicapped children. They wanted to use it as a center but unfortunately because of the funding situation with the County they couldn't enter into a relatively long term lease and we couldn't do the improvements based on a relatively short-term lease and that just didn't come about. We have talked to several charity schools, as a matter of fact. And again it is a matter of funding for them and those were situations that just never came to fruition. Mr. McCann: I am going to go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Seeing no one, are there any last questions from the Commissioners? Mr. LaPine: Do you think that if we table this thing that you could get back with Frank's and the owners of the AAA building and tell them what the situation is and if they can do anything. I can understand Frank's. If they are not going to renew their lease, then there is a good possibility, unfortunately that center has always been a bad place to park. It seems to be hard to get into the parking spaces and get out of the building. It is just not organized correctly. They, probably, might move out of that center. It is a possibility. If that happens, you may demolish that building and build a new building. If that is going to be the case, from my r,,, perspective, I would rather wait on this for a year and then maybe we could get something done on the whole center at the same shot. That is the kind of things I would like to know. I don't want to do this piecemeal. I want you people, and 17158 I think if you do a good job here, I really believe this here, if you really do a good job here, with the new center going in down the street,the Millennium Park, maybe there is going to be some overflow. Maybe there is going to be some smaller tenants who want to be close to that because there is going to be a lot of traffic going there. You might pick up some additional tenants here because the building looks nice. I think you've got to take all of that into consideration. Doing it piece meal, the way you are doing it here, you may be hurting yourself in the long run. Thank you. Mr. Shane: The thought just occurred to me. Do you suppose that Frank's would entertain the idea of moving to where the AAA building is. I only say that because that is the largest end of the shopping center that has the most parking. It might possibly solve two problems. If you look at the center, that is the biggest portion that is not being used. R. Canvasser: I don't know if they have made up their mind whether they are remaining or whether they are signing a lease with us or not. So, I can't answer that because I don't think they know yet. We can certainly postpone it. We are still going to do the roof work. I am still going to paint the wall in the back. I am still going to do something on the alley if you wish to postpone the project. But I would like, very personally and my brother, Byron, we very much would like to do this project. We would like to see all those signs down. We would like to see new signs up and we think the center will certainly look better than it does now. Once you start postponing these things, I don't know, if Frank's does move, until "�- the building gets torn down, until a new tenant is found, who knows how much time we are talking about. I can't guess. Mr. McCann: I guess before we table it, I have some concerns. One of them is, I would like to see you do some work. Sitting around and waiting for Frank's, if you have another empty vacant building, are you going to have the inclination to put money back into a mall when you don't know when you are going to have a new tenant. I don't want to see two large empty buildings. Number two, I think that if we re-do the mall and make it look nice, it will make it easier to rent out the AAA building and easier for Frank's to say "yes, let's stick around,the mall is improving". So I am concerned about just let's say hey, let's put this off for another year and let's let things get worse. Right now we've got some work to do. It does concern me that we don't see the bakery or the Snooker's or the building at the end being involved in this. Did you talk to the landlord? Did you talk to Ray Abrams and how he felt about matching his and carrying the theme around? B. Canvasser: You know Ray is constantly re-doing inside or outside his property. Mr. McCann: Yes, he has always kept a fine establishment. It is more his theme. Even if it is just changing the letters so that it carries around and makes it look decent. I just wanted to put my two cents out before a motion is made. A motion is in order. Mr. Piercecchi: Mr. Chairman, I don't think we should hold up anything for a year but I believe that we can do better and number one, we should obtain a definite a schedule 17159 that satisfies the deficiencies in that building right away and hopefully the gentlemen can submit a more comprehensive improvement plan and I'll table this for a month Mr. Chairman. Mr. McCann: It will be either the October 19 meeting or the November 9, 1999 meeting. Mr. Piercecchi: I would like for it to be a month. Which would be the month? Mr. McCann: November 9th would be four weeks. Is that all right with you Mr. LaPine? Mr. LaPine: Fine with me. On a motion by Mr. Piercecchi, seconded by Mr. LaPine, and approved, it was #10-166-99 RESOLVED that, the City Planning commission does hereby recommend to the City Council that Petition 99-9-8-23 by Canvasser Brothers, on behalf of the Buckingham Plaza, requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 27462 Schoolcraft Road in the Southeast 1/4 of Section 24 be tabled to November 9, 1999. A roll call vote was taken with the following result: AYES: Shane, Piercecchi, LaPine, Hale NAYS: Koons, McCann ABSENT: Alanskas Mr. LaPine: I am not opposed to your project. I guess I can take the position that anything is better than nothing. All I am saying is that for this month's time, I want you to get together with Frank's and the owners of the AAA and see if you can come up with some ideas that maybe they may participate in something that may help you upgrade the center. That is all I am asking. R. Canvasser: I thought I made it clear, the owners of the AAA building, we have talked to them. Mr. LaPine: I understand. You can go back to them now and say that you have talked to the Planning Commission and this is our problem. Because they have to look at it from this perspective, maybe they could remodel that building ahead of time. You have to spend money up front to get money down the line somewhere. Maybe if there was more traffic they could maybe rent it tomorrow. R. Canvasser: They have made it clear to me that until we find a tenant, they are writing a check right now every month, they are paying the taxes and the insurance. O.K. precisely could you tell me what you are looking for? Mr. Piercecchi: What I said in my motion sir. I am hopeful that you will come up with a more comprehensive plan. Number two, we have to have a schedule on all of those 17160 improvements behind the buildings, the paintings and all those things. We have to have a schedule for those. Painting is strictly an improvement. Changing the drywall may be an improvement. It is just a modification. That may or may not be an upgrade, changing the paneling for dryvit. I don't think it is personally but it is your money. We want a schedule on all those alleys and the parking lots and get that squared away. Otherwise you've got a zoo there with all those blocks in the middle of that parking lot. Mr. McCann: Maybe some of that could be cleaned up. Mr. Piercecchi: We've got to upgrade it. We've got to give it more of a nice personality. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. November 9, 1999, is the date you'll be back before the Commission. Mr. Hale, Secretary, announced the next item on the agenda is Petition 99-9-8-24 by J. Howard Nudell Architects, Inc.,on behalf of the Farmer Jacks, requesting approval of all plans required by Section 19.47 of the zoning ordinance in connection with a proposal to renovate a portion of the exterior building elevation of the building located at 29659 Seven Mile Road in the Northeast 1/4 of Section 11. Mr. Miller: This property is located on the south side of Seven Mile Road between Middlebelt and Melvin. The petitioner is requesting approval to renovate the exterior elevations of the commercial building that was most recently a Builders Square Store. This building is located across the street from the Livonia Mall, between the Mid-7 Shopping Center and an Art Van Furniture Store. Farmer Jack is planning on occupying 63,120 sq. ft. of the 109,800 sq. ft. building. The remainder of the building (46,680 sq. ft.) is shown on the site plan as "Future tenant". The petitioner is proposing to remove the Garden Shop and Lumber Staging area that is located on the west side of the building and expand the parking lot. Parking is summarized as follows: • existing parking - 553 spaces • proposed parking - 602 spaces • required parking - 703 spaces (based on 1 spaces for each 125 sq.ft.of floor space) • parking deficiency - 101 spaces The Zoning Board of Appeals did grant a parking variance (case#9411-141) for the Builders Square Store. Since the use does not change (commercial) and the parking deficiency is not increased, and in fact decreased, the parking variance is still good for Farmer Jack. Farmer Jack is proposing to locate their main entrance near the northwest corner of the building. Glass windows and doors would be installed along the now solid block wall. A structural canopy would be constructed over the entrance and continue to the existing canopy that once provide cover for the main entrance of .` the Builder Square Store. The proposed canopy would be constructed out of materials that would match that of the existing canopy. The entire canopy would be painted earth tones with green striping. A decorative peak parapet, with a 17161 metal seam roof, would be constructed over, and help identify, the grocery store's entrance area. The roof of the new peak, as well as the roof of the existing peak, would be painted green. The colors of the walls underneath the canopy would not be touched and remain as is. A new truck well and compactor area would be constructed on the west elevation. This area would be partially screened from the front by a 10 ft. high wall. Farmer Jack would maintain the existing landscaping on the site. New landscaping would be installed in the proposed islands of the expanded parking lot. Four new trees would be planted along the south or rear property line to help screen the back of the building from the abutting residential district. Required landscaping is not less than 15% of the total site. Proposed landscaping is 8% of the total site. Farmer Jack is also proposing signage at this time. The signage shown on the Building Elevation Plan is inaccurate. At this time, only the main logo sign over the entrance and the "Pharmacy" wall signs are proposed. The "Bank" wall sign is not part of this proposal. Signage is summarized as follows: Signage Permitted for this site under Section 18.50 H: One wall sign, not to exceed 240 sq. ft. in sign area. One ground sign, not to exceed 30 sq. ft. in sign area, not to exceed 6 ft. in height. Signage Proposed: Two wall signs totaling 198 sq. ft. in sign area - north elevation- "Farmer Jack" - 168 sq. ft. - north elevation - "Pharmacy" - 30 sq. ft. One ground sign 59 sq. ft. in sign area - 6 ft. 8 in. in height Excess Signage: One wall sign - 29 sq. ft. in ground sign area 8 in. in ground sign height Because the proposed signage is in excess of what is allowed by the sign ordinance, the petitioner must be granted a variance from the Zoning Board of Appeals. The ZBA is scheduled to hear this signage request at their October 12, 1999 meeting. Mr. McCann: Mark, is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is a letter from the Livonia Fire &Rescue, dated September 25, 1999, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to 17162 renovate a portion of the exterior building elevations if the existing building located on property at the above referenced address. We have no objections to '*"` this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The second item is a letter from the Inspection Department, dated September 29, 1999, which reads as follows: "Pursuant to your request of September 22, 1999, the site plan for the above subject petition has been reviewed. The following is being noted. (1) Parking areas should be resealed and double striped. Barrier free parking spaces are required to be located the shortest possible route from the parking area to the building entrance. (2) All existing landscaping is in need of maintenance and possible replacement. (3) The existing protective wall is deficient in height on the commercial property on the south property line. (4) Signage was not reviewed as part of this proposal. I trust this has provided the requested information." The letter is signed by David M. Woodcox, Senior Building Inspector. The third item is a letter from the Engineering Division, dated September 30, 1999, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal at this time. 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. The last item of correspondence from the Division of Police, dated September 30, 1999, reads as follows: "There are no objections to the overall site plans submitted for this petition. There are only a couple minor considerations that should be addressed. The handicap spaces are not located nearest the entrance. There are general parking spaces, which are far closer to the entrance than the handicap spaces. The existing handicap spaces should either be moved closer to the Farmer Jack entrance or additional handicap spaces should be added nearest the entrance. The parking lot needs to be restriped completely. The striping is almost completely faded. This should include directional arrows where appropriate. The petitioner should consider replacement of the driveway approach at the signal during this renovation. It currently is cracked in numerous places and will most likely develop "pot holes" in the next year or two. The driveway approach east of the signal is in excellent condition." The letter is signed by John B. Gibbs, Police Officer, Traffic Bureau. Thank you. Mr. McCann: Is the petitioner here this evening? Tom Litzler, Vice President of Development for Farmer Jack, P. O. Box 33446, Detroit, MI 48232, I also have with me Al Walgenbach, Director of Construction& Engineering, and Greg Wright who is our outside architect on the firm handling the plan for us. Just a few remarks. A year ago I was here for another project that was very controversial. It was suggested by our constituents and our potential customers at the time that we take a look at using this Builder's Square. We have gone back and evaluated and believe we can make it work within our marketing merchandising plan for the area. We have what we hope are some very minor site plan issues before you tonight. We can comply with all the recommendations that have been made. We are prepared to move forward very quickly with this project and would hope with your blessing and approval to be open in early 2000. As was outlined here, we will use about 17163 2/3rds of the building. We will renovate the exterior of this building so that it looks more or less like our building at Six Mile and Haggerty with a sister tenant to be determined underneath the other doorway there. A lot of the concerns that were raised about the site are our concerns as well. If and when we get fmished with this project, it will look like a brand new shopping center. Mr. McCann: Thank you. Are there any questions from the Commissioners? Mr. Piercecchi: Sir, I am delighted that you are moving into that Builder's Square operation. I recall vividly where you wanted to move and it was suggested that you do take that site. I am glad you heeded the advice of those people that opposed you going into the Ward property area. I just have one question. The 46,680 sq. ft. that is not going to be occupied by Farmer Jack, you keep saying a future tenant. Could it be tenants or are you going to insist on one tenant there? Mr. Litzler: That is a good question. It could be tenants. We are subleasing the property from Builder's Square and K-Mart. They would only make a deal with us if we took the entire building off their hands. Our preference would obviously be to control just what we needed to control, meaning our 60,000 sq. ft. store. Given the alternative that we couldn't do that, we took the whole property. We have it in our best interest to have a tenant there, or tenants, that would cohabitant well with us. That is to say a desirable retail use. If it is two tenants, it is going to cost us more because we will end up having to divide it and split utilities. It could be two tenants. It could be an Office Max and a JoAnn Fabrics. We don't know yet. That is to be determined and it is really premature for us because we haven't seriously marketed the property yet because we don't have it to market. Mr. Piercecchi: What is the frontage of that 46,000 sq. ft. area, parallel to Seven Mile Road? Mr. Litzler: A hundred feet, approximately. We've done work on other K-Marts and Builders Squares. Usually when we get finished using what we consume of the property, there is usually about 110 to 120 feet. ABC Warehouse at Michigan and Greenfield, that is a K-Mart that we renovated. It will be like this. It is one tenant. It is like an ABC Warehouse actually. Mr. Piercecchi: It will scale about 150 feet. That could handle more than one. Thank you Mr. Chairman. Mr. LaPine: About the wall at the rear, you heard the planner say it was low. It seems to me your property is a lot higher than the apartments behind you. When I went by there and checked it out this week, that doesn't bother me, I don't think the wall needs to be raised because there is not much action back there. I think you'll fmd that there isn't going to be anybody parked back there unless you insist that your employees park back there. I have a concern about the truck well. Number 1, we know that you have refrigerator trucks come in there and that was one of the battles we had on the Ward's church. What time of the night will those trucks come in there? We've got the apartments directly behind there. The second question I have about the truck well, if you notice on the Builder's 17164 Square, their truck well was at the east end of the building and it was depressed. Can that be done here? Mr. Litzler: Our truck well will be depressed on the west end but we determined upon evaluating the site that we can't use the east end of the site because the majority of the parking is at the west end of the site so we need to establish this separate loading area. We will have it recessed and we will have a screen wall there if Al or Greg wants to show a section of it. You will not be able to see our semis as they recess down into the well. Mr. LaPine: The problem we have, and we looked at this at our study session, is that if they are coming in the middle of the night and the refrigeration is running it may be a distraction to the tenants of the apartments and what we want try to scale that back as much as we can. So you say that is no problem? Mr. Litzler: We will be sensitive to that. It doesn't take all night to unload those trucks. Mr. LaPine: Mr. Miller mentioned that there were going to be two signs; the Farmer Jack sign and the Pharmacy sign. I understand you are hoping to have a bank so there may be three signs. Is that correct? Mr. Litzler: We don't want to confuse what we are looking for tonight. I guess we are looking for Planning Commission approval tonight on the site plan. We probably will come back to the Zoning Board at a later date, if and when we get 'ua. a bank. We don't know who the bank is so we couldn't identify it. Mr. LaPine: I understand. Basically, when I was out there the site was in pretty good shape because it is not that old. The landscaping, as you will agree, is in bad shape. They've got underground sprinklers in there but I don't think they ever turned them on. The parking lot does need striping. I didn't find the parking lot needed any repairs. It is in excellent shape. I didn't check the approaches as the Inspection Department did, but quite frankly, I am very happy with it. I was hoping that somebody was going to take the building, we didn't want it to sit there forever like the last tenant we had in there before they tore it down. I am happy to see that we got you back into town. Thank you Mr. Chairman. Mr. Shane: I have the same comment that Bill did about the protective wall. I think what is more important there is the additional plant material along that wall to the extent that we almost have a solid wall of plant material because that is going to go higher than the wall ever would. It is going to help the sound situation to the extent there is one from the truck wells. I would like to see you beef up the landscaping along there particularly with evergreens and other type of things that will give you foliage farther up. Mr. Litzler: We have room for that. ;`, Mr. Walgenbach: We agree and plan on complying with all of the requests made. 17165 Mr. McCann: If there are no further questions from the Commissioners, I will go to the audience. Is there anybody in the audience wishing to speak for or against this ‘INEIP" petition? Seeing no one, are there any last comments? Mr. Litzler: No. We are available for further comments or questions. Mr. McCann: A motion is in order. Mrs. Koons: I would like to make a motion to approve but before I do we never got a chance to thank Mr. Litzler for being the epitome of grace under pressure the last time you were here. Mr. Litzler: Thank you. On a motion by Mrs. Koons, seconded by Mr. LaPine, and unanimously approved, it was #10-167-99 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 99-9-8-24 by J. Howard Nudell Architects, Inc., on behalf of Farmer Jack, requesting approval of all plans required by Section 19.47 of the zoning ordinance in connection within a proposal to renovate a portion of the exterior building elevation of the building located at 29659 Seven Mile road in the Northeast 1/4 of Section 11 be approved subject to the following conditions: `` 1) That the Site Plan marked Sheet SP-1 prepared by J. Howard Nudell Architect, Inc., as received by the Planning Commission on September 22, 1999, is hereby approved and shall be adhered to; 2) That the Exterior Building Elevation Plan marked Sheet Elevations prepared by J. Howard Nudell Architect, Inc., as received by the Planning Commission on September 22, 1999, hereby approved and shall be adhered to; 3) That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiency as outlined in the correspondence dated September 29, 1999: - that the entire parking lot shall be repaired, resealed and double striped that all landscaped areas shall be restored and thereafter permanently maintained in a healthy condition - that additional landscaping will be added to the south side of the property to the satisfaction of the Planning Director - that the required accessible parking spaces shall be installed according to the current Boca Codes - that the Planning &Inspection Departments shall review the protective screen wall at the rear of the property to determine what improvements are needed by either providing additional 17166 plant material, extending the height of the wall and/or some other form that would suffice 4) That only the 168 sq. ft. "Farmer Jack" wall sign and the 30 sq. ft. "Pharmacy" wall sign, as shown on the approved Elevation Plans, are hereby approved; 5) That the ground sign shall not be larger than 40 sq. ft. in sign area and shall not exceed a height of 6 ft.; 6) That the approval of the signage is subject to the applicant being granted a variance by the Zoning Board of Appeals and any conditions related thereto; 7) That any additional signage shall come back before the Planning Commission and City Council for their review and approval. Mr. McCann: Is there any discussion? Mr. LaPine: I've just got one question. They talked about the conforming protective wall. I think the protective wall back there is conforming. It is because of the droppage in the two parcels that the wall doesn't look like it is six feet high on their side of the property. Is that a problem? oa. Mr. Litzler: There are portions of the wall that technically do not conform to the ordinance. They conform on the residential side of the property but not on the commercial side. Would therefore have to be raised in height. Mr. LaPine: Let me ask the question, if that is the case, and I'm not trying to start an argument here, why wasn't that caught when Builder's Square got an approval on the wall? Mr. Litzler: That I can't answer. Mr. McCann: But we can approve it without that condition then. Mr. Shane: I think my memory is not failing me on this one but that the regulations on the Zoning Ordinance with respect to protective walls, used to require that the wall take its height from the commercial side regardless of the elevation. That may be why the situation is what it is. I don't know. What I really want to say though is that I would be happy to support the motion but I would like to suggest that the comment on landscaping, that rather than just say that we want to beef it up, I would like to have something in there that says there would be additional landscaping along the south side to the satisfaction of the Planning Director, or something like that. Mr. McCann: Is that o.k. with you, Mrs. Koons? Mrs. Koons? Yes 17167 Mr. Miller: Just to explain about the wall. It is conforming from the highest grade. Even though the grade drops off in the residential, you have to comply from this side. Even though it might be 5 feet on the residential side, it is only 3 feet on the commercial side. Farmer Jack would have to heighten the existing wall or construct a conforming wall behind the existing wall, if that is what you want. Either that or approve a greenbelt. Mr. McCann: Or we could put in there as a condition that he has to do that or go to ZBA? Mr. Miller: I would think that would work. Mr. McCann: He doesn't really have much of a choice. Mr. Miller: I think with the Inspection Department they are just stating the wall is deficient in height. Would you rather have landscaping? Mr. McCann: We want the landscaping no matter what. If they need the wall too,that is fine. We'll leave that. Mr. Piercecchi: Just a couple of meetings ago, a situation came up where an existing condition was used to keep the situation exactly what it was. I can't remember all the details associated with that but because it was an existing condition it didn't have to be changed. I think it was parking. ‘... Mrs. Koons: Parking is deficient in this case. Mr. McCann: But they had a variance for the parking. They don't have a variance for deficient wall. Mr. Piercecchi: But we don't know that. We don't know whether the ZBA ever did respond on that. Mr. Taormina: If the wall is lawfully nonconforming and unless it is a condition of the approving motion tonight that it be made to conform, then the Planning Commission could allow for its continued existence. Just to let you know, in our initial meetings with Farmer Jack, they in fact did show additional landscaping along the south property line to help screen that area better. We also had discussions with the Inspection Department. Their concern is that it may not be that easy just to build on the height of the existing wall, structurally speaking. They are not sure whether it can be pinned and built up because of the height on the residential side. For that reason, what we would like to do is consider alternatives; whether it be some other form of screening. If we feel it is necessary to build the height of the wall up and maybe an alternate material could be used or additional landscaping , if you feel it is subject to Zoning Board approval given the extent of change to the site plan this evening. Mr. McCann: My concern was that it was not properly built by the prior owner, therefore the question is, will they issue a certificate of occupancy if we withdraw that particular condition from our recommendation to the Council. 17168 Mr. Taormina: I would say so. Mr. McCann: They would be able to occupy? Mr. Taormina: I would say so. Mr. McCann: It is up to the maker of the motion. Do you want to withdraw that condition? Mrs. Koons: I would like to withdraw that condition but shall we add something that the petitioner work with the Planning Department on... Mr. McCann: To find a suitable substitute, either in plant material and/or other form that would suffice. Because we do have the 5 foot behind in the neighbor's yard, correct? Mr. Litzer: Correct. Mr. McCann: Is that all right with you Bill? Mr. LaPine: That is fine with me. I just want to ask the petitioner. Sir, we are willing to do this but after a meeting with the Planning Department and we find that we may need that wall and certain areas raised, you would us to this that we waive the wall or would you work with us on this? �► Mr. Litzer: I'll work with you, of course. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Hale, Secretary, announced the next item is Petition 99-9-GB-6 by George Weingarden, on behalf of the Parkside Pavilion Office Complex, requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for property located at 18290 Middlebelt Road in the Northwest 1/4 of Section 12. Mr. Miller: This site is located on the east side of Middlebelt between Six Mile Road and Pickford. The applicant is requesting approval to substitute a greenbelt in lieu of the protective wall that is required between an office 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 two choices. To either install the wall or have the wall permanently waived by the substitution of a greenbelt. Such substitution shall be subject to approval by the Planning Commission and/or City Council. The process of going before the Zoning Board of Appeals for a temporary variance is no longer an option. If this application is denied, the applicant would be required to install the wall. The subject property is bordered by residentially zoned property on three (3) sides and, is therefore, required to have a masonry screen wall along each of those property lines. To the north of this property is the TheraMatrix Physical Therapy Clinic, which sets upon RUF zoned property. The clinic is separated from the office complex by a 17169 combination masonry wall, wood privacy fence and landscaping. To the east or rear of the subject property is a residential subdivision that is zoned RUF. Along this property line is a nicely landscaped 46 ft. wide greenbelt. The office complex and subdivision is separated by a 4 ft. high cyclone fence. To the south of the subject property is the Woodridge Apartments, which are zoned R-7, Multiple Family Residential. Separating the apartments from this site is a 6 ft. high cyclone fence. The greenbelt area along this property line is landscaped with sporadic trees. Mr. LaPine: Mr. Chairman, can I ask Mr. Miller a question? Mr. McCann: Yes. Mr. LaPine: You went out and looked at this property. On the north property line there is wood fence that goes on their side. I went on the other side and that wall looks like it goes all the way down the full length there. Is that correct? Was I right in looking at it that way? Mr. Miller: When I went on the other side, I think the wall goes for the physical therapists property. Mr. LaPine: All the way to the end. Mr. Miller: All the way to the end but the rear subdivision property line, there is a lot that is on an angle that meets this property. Mr. LaPine: But the wood fence on this side of the property they must have just put that up themselves. Mr. Miller: I don't know who put it up, it was probably the residents. Mr. LaPine: But there is a wall behind there, that is what I am trying to say. Mr. Miller: I didn't know that. A masonry wall back there? Mr. LaPine: When I went on the other side where the nursery used to be in there and I walked that area and the wall goes all the way down to the end. Mr. Miller: I was not aware of that. Mr. LaPine: Thank you. Mr. McCann: Are there any items of correspondence, Mr. Taormina? Mr. Taormina: No,there are no items of correspondence. I just would like to point out that pursuant to the Planning Commission's request, the homeowners adjacent to this property on the north side were notified of the petition. Mr. McCann: Is the petitioner here this evening? 17170 George Weingarden, P. O. Box 731, Southfield. Mr. McCann: Can you tell us about your request. Mr. Weingarden: Since we have owned the building, about 10 years, we've come in for a variance of the code and we have been granted five year variances. The last correspondence we had, which was January 5, 1999, contains a paragraph that states: "if you believe you have 10 feet available for greenbelt separating your property from adjoining residential property you may propose a greenbelt in lieu of the protective wall pursuant to Section 18.45 of the Zoning Ordinance. The proposal should be presented to the Planning Department for their review and approval. This would eliminate the recurring expense and appearances before the Zoning Board in order to renew your variances, and it may be necessary if your site plan requires construction of a wall." So we are requesting the variance and element the necessity of a wall. Mr. McCann: Any questions from the Commissioners? Mr. LaPine: Am I right that that wall goes all the way back on the north side? Mr. Weingarden: On the north side. I don't believe so. NOW' Mr. LaPine: It sure looked like it when I went back there. Mr. Weingarden: I don't believe so. You've got me stumped. Mr. LaPine: Well, maybe my eye sight has gotten bad because it sure looked like it went all the way back to the residential property. Mr. Weingarden: It might, I don't really know. Mr. Piercecchi: Sir, if that wall does not go all the way back to the east boundary line, can you continue it? Mr. Weingarden: The wall? Mr. Piercecchi: Yes. There is a question on whether there is a wall behind that fence, right? If there is no wall there, can that wall be continued to the east property line? Mr. Weingarden: I can't answer that because I am not aware of the wall being there. Mr. Piercecchi: There is a wall on all the north. It starts about 50 feet from the main road and then extends all the way along that north property line and then there is a wooden fence. I don't know how many feet it is, maybe 20 feet. 17171 Mr. Weingarden: You have me stumped. I drive around that property almost daily and I don't recall that. I don't recall seeing a wooden fence. I will have to go and look at it. Mr. Piercecchi: We are going to ask that anyway that that be continued if that is not the case. I really have no problem with the substituting of the greenbelt but I was wondering,just for continuity sake, do you have any objection about adding some landscaping on the south greenbelt. There seems to be some substantial gaps in that greenbelt next to the cyclone fence. Do you have objections to augmenting that? Mr. Weingarden: No, not at all. Mr. Piercecchi: Thank you. Mr. LaPine: One question, Mark, the property to the north of the wall, that is not residential property there, is it? Mr. Taormina: The property is zoned RUF. It is used as an office partially and then as you extend further to the east along that north property line, the concrete wall does in fact terminate and there is a wood fence that carries probably, I am going to guess, a 100 feet or so from the northeast corner of the property. In order to construct a masonry wall along the remaining portion of that north property line, it is our opinion that you would have to �.. remove at least if the wall was going to continue in a straight line. Mr. LaPine: The only thing I would say was when I went and looked at this property, and I think Mr. Shane brought this up in our study session, to the south I don't think you need it. You've got the carports behind there. You could use a little more landscaping there and in the back portion which would be the east part of it, it is pretty well landscaped. There should be a little bit more landscaping back there but beyond that. I am in favor of a wall but in this particular case I still think we should waive that wall on the north until we know exactly what is going to go to the property to the north. Otherwise I think it is fine. Mr. Shane: I would agree with that statement, and particularly where the wooden fence is because I think the plan shows the wooden fence is 56 feet long and therefore it is within the site of the large greenbelt at the rear anyway. So if the wall stops where it is and the greenbelt takes over, I wouldn't have any objection to that. Mr. McCann: Is there anybody tonight wishing to speak on this petition? Whalen, 18321 Grimm, which is directly to the east of the pavilion. I don't have any objections to what he has said so far. I just would like to ask that the landscaping be improved just a little bit there. There are some gaps in the fence there and also a little bit better maintenance especially in the spring time. There is garbage that collects along that fence there and I would like to see a little 17172 bit better maintenance. I don't know if that could included as a part of this or not. Mr. Weingarden: We have a maintenance lawn service that comes out there every 10 days or so to take care of the lawn. We have a sprinkling system that is automatic. If the wind blows papers out there, we do our best to clean it up. Mr. Whalen: Regular items between your landscaper coming in are understandable but there are some things back there between the pines and the fence for a long time. In fact we cleaned some of it up ourselves. I would just like to see a better eye kept on it. Mr. McCann: I think that can be cleaned up between you and the landlord. Do you know who lives directly to the north, the north neighbor maybe. You know the wooden fence we are talking about? Mr. Whalen: He is in the audience. Darwin Zander,18734 Grimm, Livonia. On the map that you have on lot 5. Mr. McCann: So that is your wooden fence in the backyard. Mr. Zander: The wooden fence is actually of the Parkside Pavilion and that stockade fence runs a large portion of my backyard. It is a very important fence to �.. me. I was looking at a parking lot before that was put up. We were willing to buy off on the wall and say that the stockade fence could be added and I still do feel that way. It is fine. There is no stone wall or brick wall behind that. The stockade fence is fine but it is a wood stockade fence and from time to time is going to need some maintenance here. There might be portions in the future that might need replacing. I just want to make sure that gets addressed. If it is maintained in a proper fashion then I am o.k. with it. Mr. McCann: O.K. Any other questions? Anyone else in the audience? Douglas Clinton, 18339 Grimm, directly to the east of the property. A comment voiced by another resident there about keeping the area cleaned up. I notice every spring I have go out there and pick up all the papers and they say they have sprinklers back there, they haven't used them in about six or seven years but they do have them back there. I have no problem with the greenbelt. I think it would be a lot better than having a wall. I would like to see some more landscaping in there and as long as it is maintained and replaced as needed, if any of the trees or bushes die out, as long as they replace them, that is fine with me. Thank you. Mr. McCann: If there is nothing further, a motion is in order. On a motion by Mr. Piercecchi, seconded by Mr. Hale, and unanimously approved, it was 17173 #10-168-99 RESOLVED that, the City Planning Commission does hereby approve Petition 99-9-GB-6 requesting to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for property located at 18290 Middlebelt Road in the Northwest 1/4 of Section 12 subject to the following conditions: 1) That the landscaped greenbelts along the east and south property lines, as shown on the plan received by the Planning Commission on September 1, 1999, shall be substituted for the protective wall required by Section 18.45 of the Zoning Ordinance; 2) That these areas shall remain in their present state and any changes to these areas shall require Planning Commission and City Council review and approval; 3) That the landscape greenbelt area between the existing wall and the west property line shall be substituted for the protective wall; 4) That additional landscaping similar to those existing on the south boundary shall be augmented per the Planning Department staff; 5) That the 56 foot wooden fence shall be substituted for the masonry wall along the north property line and maintained in a proper fashion. Mr. McCann: Any discussion. Mrs. Koons: I just want to thank the residents who came out. It was upon our request that you were invited and we really couldn't make a decision without your input. Thank you. Mr. McCann: Dan, let me get yours correct. You want to maintain the existing Mr. Piercecchi: They are allowed to use that wooden fence right now to substitute normally for the masonry wall, however, I want to stipulate that it should be maintained in a proper fashion. Which is a concern of some of the citizens. Mr. McCann: It is part of the site plan. It has to be maintained. We are actually making it a part of the site plan, therefore it would have to be maintained pursuant to the inspection. If there is no further discussion, the above motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Hale, Secretary, announced the next item on the agenda is Petition 99-9-SN-9 by Huron Sign Company, on behalf of Seven Mile Crossing, requesting approval for signage for the office complex located at 38701 Seven Mile Road in the Northwest 1/4 of Section 7. Mr. Miller: This site is located on the south side of Seven Mile Road between 1-275/96 and Haggerty Road. This applicant is requesting approval for three conforming group identification ground signs for the Seven Mile Crossing Complex. These 17174 signs are permitted by the Sign Ordinance and are before the Planning Commission because this site is located in a "Control Zone". One sign would be located next to the north entrance of each building and would identify the various tenants of that building. All three signs would be similar in appearance and would be illuminated by a ground light. Signage permitted for this site under Section 18.50G: 1 group identification sign for each principal building (1) not to exceed 2 sq. ft. for each tenant, or(2) not to exceed 30 sq. ft. in area, and (3) if freestanding, shall be within 20 ft. of the building perimeter. Signage proposed: 1 group identification sign for each principal building (1) Building "A" - 4 tenant panels - 28 sq. ft. (2) Building "B" 4 tenant panels - 28 sq. ft. (3) Building "C" - 4 tenant panels - 28 sq. ft. Each sign would be within 20 feet of the building perimeter. Mr. McCann: Is there any correspondence? Mr. Taormina: There is one item of correspondence. It is a letter from the Inspection Department dated September 27, 1999, which reads as follows: "Pursuant to your request of September 22, 1999,the sign package for the above subject petition has been reviewed and no deficiencies were found. This Department would have no objection to the above proposal." The letter is signed by David M. Woodcox, Senior Inspector. Thank you. Mr. McCann: Is the petitioner here this evening? `.• Tracy MeLaurd, Property Manager for Seven Mile Crossings. Mr. McCann: Anything additional? Ms. MeLaurd: No, nothing additional. Mr. McCann: Are there any questions from the Commissioners? Mr. LaPine: These signs are illuminated from the inside? Ms. MeLaurd: No,they will be spotted from the outside. Mr. McCann: Anyone else wishing to speak. Seeing no one, a motion is in order. On a motion by Mr. Shane, seconded by Mr. Hale, and unanimously approved, it was #10-169-99 RESOLVED that, the City Planning Commission does hereby approve Petition 99-9-SN-9 by Huron Sign Company, on behalf of Seven Mile Crossing, requesting approval for signage for the office complex located at 38701 Seven Mile Road in the Northwest 1/4 of Section 7 subject to the following conditions: 1) That the Sign Package submitted by Huron Sign Company requesting three group identification signs at 30 sq. ft. each, as received by the Planning Commission on September 21, 1999, is hereby approved and shall be adhered to; 17175 2) That these signs shall not be illuminated beyond midnight; 3) That any additional signage shall come back before the Planning Commission and City Council for their review and approval. Mr. McCann: Any discussion? Mr. LaPine: Yes, Mr. Chairman. I've got only one question. The only thing that I don't see how we can really control it, we say that the illumination will has to go off after one hour after the last business closes. A big office building like that, how do you know when the last person is leaving the building. I don't think we really need that in there. Mr. Shane: I think it sends the message that we don't want them on all night. Mr. LaPine: I would rather say in there that they shall go off at midnight or something like that. Mr. Shane: I don't have any problem with that. Midnight is fine. Mr. McCann We'll amend it to midnight. Is that O.K. with you? Mr. Shane: That is fine with me. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Hale, Secretary, announced the next item on the agenda is Petition 99-9-SN-10 by Huron Sign Company, on behalf of Nextlink, requesting approval for signage for the office building located at 38701 Seven Mile Road in the Northwest 1/4 of Section 7. Mr. Miller: This site is located on the south side of Seven Mile Road between I-275/96 and Haggerty. The applicant is requesting approval for a wall sign for the middle 4- sotry office building (Building "B") located in the Seven Mile Crossing office complex. This sign is permitted by the Sign Ordinance and is before the Planning Commission because this site is located in a "Control Zone". The proposed sign would be located along the top of the north elevation and would face out toward Seven Mile Road. This sign would be internally illuminated. As the Planning Commission will recall, a 95 sq. ft. wall sign was recently approved for the east elevation of Building "C" (Unigraphics Solutions) in this same complex. Signage permitted for this site under Section 18.50: 1 wall sign not to exceed 100 sq. ft. Signage proposed: 1 wall sign - north elevation "NEXTLINK" - 100 SQ. FT. `, Mr. McCann: Is there any correspondence? 17176 Mr. Taormina: There is one item of correspondence. It is a letter from the Inspection Department, dated September 27, 1999, which reads as follows: "Pursuant to your request on September 22, 1999, the sign package for the above subject petition has been reviewed and no deficiencies were found. This Department would have o objection to the above proposal." The letter is signed by David M. Woodcox, Senior Building Inspector. Thank you. Mr. McCann: Is the petitioner here this evening? Tracy MeLaurd, Property Manager for Seven Mile Crossings. Mr. McCann: Do you have anything additional to tell us? Mr. MeLaurd: Nothing at all. I have not seen the specs on this particular sign so I can't speak to this issue. Mr. McCann: Are there any questions from the Commissioners? Is there anybody in the audience wishing to speak for or against this petition? Seeing no one, a motion is in order. On a motion by Mr. LaPine , seconded by Mr. Piercecchi, and unanimously approved, it was #10-170-99 RESOLVED that, the City Planning Commission does hereby approve Petition 99-9-SN-10 by Huron Sign Company, on behalf of Nextlink, requesting approval _.. for signage fort he office building located at 38701 Seven Mile Road in the Northwest 1/4 of Section 7 subject to the following conditions: 1) That the Sign Package submitted by Huron Sign Company requesting one wall sign at 100 sq. ft., as received by the Planning Commission on September 27, 1999, is hereby approved and shall be adhered to; 2) That this sign shall not be illuminated beyond midnight; 3) That any additional signage shall come back before the Planning Commission and City Council for their review and approval. Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This concludes the Miscellaneous Sign Plan portion of our agenda. We will now begin the Pending Item portion of our agenda. These items have been discussed at length in prior meetings and therefore there will only be limited discussion tonight and participation will require unanimous consent from the Commission. Mr. Hale, Secretary, announced the next item on the agenda is Petition 99-6-1-7 by Kenneth M. Hunt on behalf of Hunt's Ace Hardware proposing to rezone property located on the west side of Myron Avenue south of Seven Mile Road in the Northeast 1/4 of Section 9 from R-3 to P. Mr. McCann: Mr. Taormina, is there anything new? 17177 Mr. Taormina: Yes, there are two items of correspondence. The first is a letter dated September 20, 1999, from Kenneth Hunt and it reads as follows: "Dear Members, Since my first petition was tabled, I have had time to review and improve it. I am submitting this revised plan to you today. The new plan requests that only lot 381 be rezoned. This lot would be divided as follows: the north 32' would be zoned parking and the South 18' would remain R3 and be attached to lot 382. The end result would give a 68' residential lot between Mr. Michels our southern neighbor on Myron and the proposed parking lot. At this time we are hoping to move the house presently on lot 380 to lot 382. Also in the new plan we have removed three parking spaces so that the exit from our parking lot would not encroach on the residential lot across the street. We are also proposing to put in a berm on the east side of our parking lot and landscape it with shrubs and evergreens to cut down on the visibility of the parking lot. We have canvassed the neighbors on Myron and Stamford and most of them have signed off approving of our new plan. The ones that have signed "NO" were worried about the increased traffic. We are working on getting the last of the signatures so we may turn them in to you hopefully within a week. Submitted with this letter is a copy of the new plan and a copy of the signed petitions." The second item is a letter dated September 21, 1999 from Kimberly &Bryan Michels, 19019 Myron, Livonia, which reads as follows: "My husband and I reside at 19019 Myron(Lots 383-384), which is located directly south of Hunt's Ace Hardware and the lots proposed for rezoning. Mr. and Mrs. Hunt have been kind and respectful neighbors to my husband and I .■. and we are frequent patrons of their family owned hardware as well as are the majority of our neighbors. My husband and I are not opposed to an expansion of the hardware onto lot 380 (presently owned by Mr. Hunt and already zoned commercial), but we are opposed to the rezoning of lots 381 and or 382from residential to parking. Lots 381 and 382 should remain residential as they have always been. Lot 380 (approx. 50 ft. X 130 Ft.), along with the 10 ft. alley and 10 ft. easement behind the store, should provide m ore than enough space for the proposed 3000 sq. ft. store expansion as well as the additional parking required for a hardware of this size. For your information, my husband and I went to the Home Depot located at the corner of 7 Mile and Haggerty in Northville and counted the number of parking spaces (375) provided for this 105,000 sq. ft. building, as verified by the store manager. According to these figures there is a parking space for every 280 sq. ft. of building. Proportionately, a 10,000 sq. ft. hardware would require 36 parking spaces. We feel this is still a large number of parking spaces for this hardware because it is not a "Home Depot", although the proposed plans call for 43 parking spaces. As you probably already know,the Livonia city ordinance of 1965 requires one parking space per every 500 sq. ft. of building after deducting the overall size of the facility by 20%, thus a hardware of this size would require 16 parking spaces to be in accordance with the current ordinance. The residents of Myron do not want to be subjected to more traffic, trash, or kids playing street hockey, as they already do in the parking are adjacent to this, that this parking lot would invite. When we purchased our home five years ago and added a pool into our yard we knew that we were living next to residential lots, never suspecting that they would be rezoned and used as a parking lot. My husband, I and our 17178 neighbors on Myron Street (see attached petition) have viewed the proposed plans submitted by Hunt's Ace Hardware and feel that this expansion is too we. much of an infringement into our quiet residential neighborhood. The utilization of lot 380, we feel, is a fair compromise to this dilemma. Thank you for your time, consideration and understanding." Again, that is signed by Kimberly and Bryan Michels and attached to it is a petition which reads: "Residents of Myron/Stamford object to Kenneth Hunt's Petition 99-6-1-7 to rezone lots 381 and 382 from R-3 to P and that petition is signed by 12 residents. Thank you. Kenneth Hunt, 1906 Stamford, Livonia. Mr. McCann: Do you want to tell us a little about your new design? Mr. Hunt: O.K. After our last meeting here, I went home a little beat up and said well, do these people have legitimate problems with it. We sat down and looked at the whole thing and of course the people who have the most problems are the people who adjoin right around. So we abandoned the idea of running the parking lot all the way down through lot 382. So what I am proposing is that we take lot 381 which is the first lot off of the commercial property and in order to get the parking that I feel I need and take 32 feet of that and put it with the parking and put 18 feet of it with lot 382 to create a residential lot of 68 feet. Mr. Michels is the southern neighbor there so I feel I have gone from right up to his property now created a 68 foot buffer for him plus a home being moved down there that is currently sitting in lot 380. The people across the street,the two main residents across the street,the one person who has been there the longest, he will be looking at the same house he has been looking at for 20 some odd years except that it will move down closer to his home. The gentleman at the northeast lot line, in order to be a little bit sensitive to him, we've put a berm on there with pine trees so that what goes on in our parking lot isn't visible to him. In order to accommodate all this, in order for me to get some parking and the residents to get what they want,then we took out the greenbelt and put in a wall because there was no way I could get the parking and give the property to the southern most lot to accomplish that. I have tried to be sensitive to the residents as best I could and so that I would get something out of the deal also. Mr. McCann: Are there any questions from the Commissioners? Mr. Piercecchi: A lot of time has been spent on your particular petition and by our staff especially. They studied the site and they developed a plan which creates an R- 3 lot which is 80 feet and renders 42 parking spaces for your business. Forth- two parking spaces is 26 more than is required by the City ordinance. If you are going to increase your building site to 10,000 sq. ft.,the ordinance specifies 16 spaces and you are getting 42. That is over two times the amount of space you need. The only difference between you plan and this plan is that your plan wants 32 feet. The staff comes up with an excellent plan that allows 20 feet. Mr. Hunt: I think the 42 was my plan. With their plan it was less parking spaces. 17179 Mr. Piercecchi: Twenty feet is what they are allowing in the lot 381 to be rezoned as parking. Twenty feet which gives you 42 parking spaces when you only require 16. r.. Mr. Hunt: I don't know how the ordinance was derived as far as my hardware is concerned. We are trying in improve our business. We want to go with the year 2000. We want to improve our building. I want my son to have a business there. He will be the third generation in that location and if he can keep going, I won't have to worry about him. I don't want him to come back and say "Dad, I can't make there, I've got to move." We have spent a lot of years taking our lumps while other business came and went. We stayed with it and developed our business. I kind of felt that maybe the neighbors themselves never asked for variances because when they bought their homes, that is the way it was. But across the street there, the one person has a 50 foot lot. I think most of the other ones are 71 feet or 72 feet. I am asking for 68 feet and that is within 4 feet of what they have. Mr. Piercecchi: It is true that there are some lots that are smaller than the 80 feet requirement. But many of those homes are built on two lots. Mr. Hunts: Yes. Mr. Michels has two lots. Mr. Piercecchi: They are probably in excess of the R-3 requirement. Mr. Hunt: That is just one person there. `r. Mr. Piercecchi: I think there is more than one on Myron but I won't argue the point. The point is that you have two and a half times the parking spaces that are required. Mr. McCann: Did you look over the plans that he is talking about that the staff provided to you. In essence what it does is it takes away the abutting parking, the seven spots south of your proposed addition,just below the outside garden area. Mr. Hunt: Yes. Mr. McCann: The reason the staff recommended that and the reason the Planning Commission liked it was two reasons: (1) It only required taking 20 feet of lot 381,that is the first part. It gives you more room as far as a greenbelt area as opposed to a wall if you wanted to go that route. (2) It would also provide direct access off the side street. Your proposed drawing, you pull into the center then you have to make an immediate left, then an immediate right to try and go around. It doesn't provide for good traffic flow. Mr. Hunt: I agree with you on that. I was trying to make something happen for Mr. Walker's place right across the street so that we would not have our traffic going out at his house. Mr. McCann: That is exactly it. I agree with you. But by going with the staffs plan, you do lose 7 spaces but you maintain about 35 spaces. First and second, it gives you a 17180 normal flow through your parking lot and as you say you have 34, 35 spaces which is double what the requirement is. Mr. Hunt: I guess the zoning does not tie into your volume. In other words,the volume of your business and us trying to upgrade our business and keep it moving forward so that we are with the year 2000 and beyond, I don't know how many parking spaces I need. That is why I asked to go all the way down to lot 382 to maximize the amount of spaces I could possibly get because I don't know what 20 years down the road our business will be like. That is what is hard to project. Mr. McCann: I know it is but you also are in a residential area. Don't you agree that maybe if you can't survive on 35 spaces then maybe you have outgrown that particular spot. You've got to understand that you can't keep expanding it because the business is growing. Wonderful, I want you to expand. I go to your business all the time. I find it very friendly and convenient. You have a surprising amount of things in that little store but you are in a residential area. We do want to help you out,. You are a good citizen in Livonia. All the neighbors enjoy having you there but we are trying to do something that will work with the neighborhood. Number one, that will have good traffic flow and good future planning. The staff looks at it and says this plan isn't quite right and it is going to be a problem. There is going to be congestion for people getting in and out. It doesn't take access correctly. Here is a suggestion to straighten it out. That is where they are coming from. I think you really need to look at it. Do you really need that 7 extra spaces that you are going to lose by your 12 feet of lot 381? Mr. Hunt: Basically, I think that is what we are talking is the 12 feet. Mr. McCann: That is 7 spaces. That is what is works out to. That 12 feet gains you 7 spaces. Thank you. Does anybody else have any questions? Mr. LaPine: Mr. Chairman, I would just like to say to Mr. Hunt that we are trying to do what we think is in the best interest for you and the residents. We don't want to hurt you. You've been there for a long time and you've been active in the community in the hockey league and we appreciate all that. But we are in the middle here. We don't like to see commercial businesses go into residential neighborhoods as much as you are asking to. We think this is a good compromise. You might not think so but we do. I believe what the staff came up with, and I told you the first time I saw it, you are going to have a rough time getting this through because you are going into a residential neighborhood. It is tough. People buy homes thinking they are buying homes in a residential neighborhood. Probably half the people don't even know that house is going to be moved was on a commercial piece of land. I didn't know it until it came up when we heard the case. I think that you can live with this. You might not think so today but down the line you will say it was a good compromise and I think that is what we are trying to do here, trying to compromise. Mr. Hunt: I think I am so dogged about this is because once I say yes, that's it. I am just hoping that I did compromise based on my first drawing and yes it is a little 17181 awkward for the parking because I took three parking spaces out to do that for Mr. Walker. Mr. LaPine: Believe me there was opposition on here to not give you any rezoning on 381 and 382. I think some of the members have given in and compromised on this and have gone half way on this. I think that is where it is and I think this is the plan that we think is in the best interest for you and in the best interests of the residents of the area. The residents may not be happy with us either but we think it is a compromise that we all can live with. Thank you. Mr. McCann: I am going to go to the audience if there is no objection from the Planning Commission. Mr. Piercecchi: I would like to make a comment to Mr. Hunt. Our concern here is that we form a real legitimate R-3 lot. If we approved a 68 ft. lot and call it a R-3 lot we would be violating our ordinances. Mr. Hunt: But the people, not the residents, but the fact that they bought those homes,the builders all got variances for their lots. He didn't maintain 80 feet either. Mr. Piercecchi: Mr. Chairman, could I request that the minutes be changed. I misread my notes here. It is 35 spaces, rather than 42. Mr. McCann: I am going to go to the audience. Is there any objections from the Planning r.. Commissioners to people wishing to speak on this? None? O.K. Is there anybody in the audience wishing to speak for or against this petition? Allen Davidson, 19007 Irving, which is east of where he is talking about. I apologize I wasn't able to get here at the first when you sent out notices because I was out of town. I three objections to this. First I want to say I like going to the store and I appreciate that it is there. I am concerned with him wanting to expand into a residential area as my property values, I live next door to a house that is right next door to Primo's Pizza, and the lady who lived there passed away and the house was sold earlier this year. From talking to realtors and the people that had that house been elsewhere it would have sold easily for $20,000 more than what it did because it is right next door to a pizza place. I am concerned with my property values and my second objection relates to the first. If you allow this, it sets a president. Down the road somebody buys the house next to me, the Primo's Pizza owner or whoever owns that mall and wants to expand there then I am right next to a pizza and my property values goes down. The third objection is the traffic. I have a dog that I take out walking and people fly up and down those streets now. I am not sure how much more that would increase but it is fairly busy now and there are a number of young families there with children and it is a concern. Thank you for your time. Bryan Michels, 19019 Myron. The letter that this gentleman read was submitted by my wife and I and that pretty much states our feelings on this. We still believe the home that sits on lot 380 could be moved and that is ample sufficient room for expansion. Also, I did not realize until tonight that there was a plan that sounds 17182 like that if he agreed to it would be accepted by the Council when nothing was ever submitted to us as residents of the area, this 20 foot that is now being proposed and it sounds to me that if he accepted it that would be accepted by you. I am just surprised that we weren't submitted with that plan. Mr. McCann: Basically, what we have done is, we took a look at his plan and just stated that if he took out this parking here and moved this up and additional 12 feet he would create a large greenbelt here, the drive would stay north of your house and he would accomplish the same thing. He just loses the seven spots and this would provide a greenbelt for himself, and a greenbelt between you and his building and accomplishes everything you were concerned about in your letter and it accomplishes what we are concerned about as far as intruding into the subdivision. There is a slight ..., you go in approximately 20 feet, I believe Mr. Taormina? Mr. Taormina: That is correct. Mr. McCann: 20 feet of lot 381 but it provides for an extremely large lot to put the home that is in lot 380 now down there and give some greenbelt area to it. Mr. Michels: I guess just the way it sounded to me was that a plan was devised and if he accepted it, it would be accepted and that we were never submitted with that. Mr. McCann: No. After hearing what you said, and after hearing what he said, we are trying �.• to come up with a reasonable solution to the plan. He is a good businessman. Mr. Michels: My letter did state my wife and I did state that we did not want to see 381 and 382 rezoned at all and this still accounts for 20 feet of that and while there is approximately 70 feet from the back of his building that is already commercial so I was just concerned why we didn't receive that. It sounds to me like that has been accepted without us being heard from. I guess lastly we do not want to see those lots rezoned at all. Brian Walker, 19042 Myron. You say you want to put 20 feet into the front of my home. I am concerned that you have taken a lot of concern with all the other people and it seems like my house has been shoved off to the side. If anybody would want 20 feet of their home having parking lots put in front of their house, they would probably be pretty upset here. It seems like the compromise is making everyone else happy except for my home. I am going to have a child soon and there is a lot of traffic. There are no sidewalks in our neighborhood so there is no way you can be out in front of your home if you have a parking lot in front of your home. We have parking lots at the side of our house that are noisy as it is now and this is my first home. I am concerned about selling it. Who is going to want to buy a house that is going to have a parking lot in front of it and on the side of it. I did speak with several people from the department and talked to them after work. I am concerned. I think a lot of people have come out there and have taken a look at this. Twenty feet, that is a residential area. When I bought that home I was assuming that that would stay residential and that was why I bought my home there, not because of the commercial. I do appreciate 17183 the hardware store there myself. I do enjoy it. But I do live there. This is where I live. Moving to Livonia, I don't think that is a very wise decision for people buying home in the area. I don't think they would be too happy if they knew that. That homes could be rezoned like that. We were just arguing half an hour ago about color of signs, colors of buildings and now we are talking about putting a parking lot in front of my home. It is going to go right through. I just want to make sure that everyone knows that. I am pretty concerned about because that is my house unless the city would like to purchase my home I would be happy to sell to them and they could sell afterwards because no one is going to buy that. Mr. McCann: Sir, I am going to make a comment. What is your address first. Mr. Walker: 19042 Myron. It is the house directly across the street from the site. Mr. McCann: I'll check with the staff just to make sure but lot 380 is already zoned commercial, correct? Mr. Walker: Yes, but 381 is not. Mr. McCann: I understand that. What we look at when we do this is right now is that lot 380 is the lot that is directly across from you. That he can come today, all he has to do is bring in a site plan that is conforming, and he can build on it. He can build a building there, put a parking lot in front. He can do a lot of different things. ... Sometimes we will change zoning like this if we see that it would improve the area as a whole. One of the things that we are considering doing by the drawings is taking part of that and turning into a greenbelt so that instead of looking at a parking lot, by taking a little bit more of this property we can push the parking back, put a large greenbelt between the road there and this parking lot. It gives you a little more room to do things like that. If we just say, "no, you have to use 380", then you are probably going to be looking directly at the building and that is what we look to try and do and see if there are alternatives. We do want your opinion. We do want to hear from. We haven't decided anything. That is what these meetings are for, is to look at other solutions. Mr. Walker: This greenbelt, what is considered a greenbelt? How big are these trees? I could plant five foot pine trees. I put ten foot pine trees along my wall I have right now. Are you going to put 12 foot pines so I don't see the parking lot or are you going to put 3 foot pine trees so in 10 years when I am dead I will see them. Mr. McCann: Generally, what we do is put a four foot berm with pine trees on it and that is one of the things that we look to our professional staff, is that when they come in with a greenbelt design they have to show us what trees will go in there. What type of bushes. We make them tell us what the diameter of the base of the tree is so that we don't get little shrubs this big. If it's got 2-1/2 inch diameter at �..- the base, we know it is going to be five to six feet tall when it is planted. Those are all the things that we look at before we approve the plan. 17184 Mr. Walker: And lighting? Mr. McCann: Absolutely, we look at lighting. Mr. Taormina: If it is o.k., you can put that plan up on the board so that residents would have something to reference to. Mr. McCann: Scott, do you want to show us what is proposed? Mr. Miller: This is Mr. Hunt's plan here and this is the staffs plans here. As you see, Mr. Hunt would like to go down to this area here and you would only have 68 feet for the lot,to build a house on and this will be the parking. Right now at this red line shows where the zoning line exists now but what he would like to do is 32 feet from that and that is where the zoning line will be. What staff has come up with is here is the existing zoning line to do 20 feet and you would have a conforming lot here to build a house on and this would be a greenbelt and this would be the parking. This is what we came up with. Mr. McCann: As you can see, the staffs plan brings the greenbelt, admittedly only about four or five feet farther north but it does add to what he is doing because he can go right to that red line now with parking if he so desires. So that was just an alternative we were trying to come up but to try and work with all parties. Mr. Walker: Thank you. Gerald Thomas, 19030 Myron, Livonia. One thing with your plan, as far as the red line, we are still going to have the entrance at that point? Mr. McCann: Yes. Mr. Thomas: Whether it goes south of that or not? You are still going to see parking lot. You are still going to see the entrance off of Myron when we look out our houses and look in that direction. As far as putting up a four foot pine tree, it doesn't block anything. Maybe in 20 years it will, but if it grows too big it will get cut because it will move into the parking area. Mr. McCann: That is generally why we do a four foot berm along the road there. Mr. Thomas: If you are only talking four feet wide, how high can you go? You can't go that far. You've got your sidewalk, you've got your parking area. Mr. McCann: It is a ten foot berm. Mr. Thomas: Ten foot wide berm? Mr. McCann: It is a ten foot berm and four foot high. The four foot is so we cover the headlights of the cars coming in at night then we put the plantings on top of that. 17185 Mr. Thomas: Which would be after the proposed sidewalk area would be another ten feet additional to that? Not. Mr. McCann: That is correct. That is how the plan shows it. Mr. Thomas: One other request. If it is passed, that we would like to see is a no right turn out of the exit of the parking lot which would keep the traffic from coming down our side street. Make them turn left and go out to Seven Mile and keep the traffic flow from coming down in the residential area. As far as deliveries and that of the trucks, if they could have that on the west side of the building towards the other commercial buildings rather than towards the residential area, would help us also. Thank you. Thomas Michael Hunt, I am 27 years old and a life time resident of Livonia. I now live at 32300 Hees in Livonia. I have worked in the store since I was 12 years old and I have been a manager there since I graduated from Michigan State back in 1994. I am in the process of buying this business from my father and my mother which comes to the reason why we are here today which is the parking. The proposal, the 500 sq. ft. that the City of Livonia uses which would allow for the 16 parking spaces to comment on those lines. Right now in our actual parking lot, we have 21 parking spaces and during our peak times almost all of the parking lot will be full. Customers will be parking in our alley. We will have three or four customers out on Seven Mile Road trying to turn in, so part of the plan is trying to alleviate that. During some of the peak times, which are �... between November and December and April through July on the weekends, we can have up to 100 customers per hour, which again causes more of the back log on the parking where just 16 parking lot, we already 21 and we are already filling those up. Right now we have three full time employees who walk to work, being my parents and one of our other workers who lives in the house beneath the store there. They will be retiring in 3 to 5 years. With the expansion and these retirements we will have to add 4 to 6 more employees who will be more than likely driving to work and need a parking spot to park at. The last comment I have to make is that several years Ace Hardware Corporation began ranking dealers according to sales performance and the stores that performed the best had several similar characteristics. One of them being ample parking space. One of the guidelines they have is that it have one parking space for every 150 to 200 sq. ft., which that would call for us to have between 40 to 53 parking spaces. Our plan came up with 42 parking spaces which would meet that standard. That is the reason why we came up with the numbers we were shooting for, parking space wise. We are a convenient store and when you become inconvenient to park at, customers will drive by and you lose sales. I believe our plan had made many accommodations for our neighbors while still providing for the growth that we need to succeed. Thank you. Mr. McCann: Is there anybody wishing to speak? Seeing no one, a motion is in order. On a motion by Mr. Hale, seconded by Mr. Piercecchi, and approved 17186 #10-171-99 RESOLVED that, pursuant to a Public Hearing having been held on August10, 1999 by the City Planning Commission on Petition 99-6-1-7 by Kenneth M. `"' Hunt on behalf of Hunt's Ace Hardware proposing to rezone property located on the west side of Myron south of Seven Mile Road in the N.E. 1/4 of Section 9 from R-3 to P,the Planning Commission does hereby recommend to the City Council that Petition 99-6-1-7 amended request be approved only with respect to the north 20 feet of lot 381 for the following reasons: 1) That the proposed change of zoning will provide for additional off-street parking for the commercial use to the north; 2) That the proposed change of zoning will provide a step-down or transition with respect to the southerly extent of commercial uses relative to the other properties on the south side of Seven Mile Road east and west of the subject property; 3) That the proposed change of zoning represents only a minor extension of non-residential zoning into a residential area; 4) That the balance of the undeveloped land to the south would constitute a conforming lot under the R-3 district regulations; and 5) That the proposed rezoning will allow for nearly double the number of parking spaces available on the site. Ntaw Mr. McCann: Any other discussion? I understand Mr. Hunt, your son made some points. I am sure that studying marketing in college, which sounds like what he was doing, those are good examples. Things that you've got to do. But you've also got to understand that you are neighborhood business. That you have to get along with your neighbors. You have to make concessions and the neighbors are mad at us and asking what are we talking about going into residential with a commercial building. Don't we listen to our neighbors? We have to but we also have to listen to our businesses. It is a combination of both that makes the City so good to live in and work in. The convenience of your store to many of the neighbors is part of the reason. To come there you see the same people day in and day out. They are very helpful. They know what they are talking about. Those things also make a big difference as to why your sales are good. Parking is one issue but you have to look at some other things. If it was just parking, you could say it doesn't matter where the building is, we'll move across the street into the K-Mart shopping area because location doesn't mean anything, parking does. You've got a lot going for you. I think it is a reasonable solution for the neighbors, for you. I agree that you need expansion but we just can't say, we understand you've got to have 42 spots. If parking is that important, you can look to eliminating some of the outdoor storage area. A roll call vote was taken with the following result: AYES: LaPine, Piercecchi, Shane, Hale, McCann NAYS: Koons 17187 ABSENT: Alanskas Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted but only with respect to the north 20 feet of Lot 381. Mr. Hale, Secretary, announced the next item on the agenda is Discussion of Petition 99-8-6-3 by the City Planning Commission pursuant to Council Resolution#498-99 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 Section 18.50D and Section 18.50K of the Livonia Zoning Ordinance pertaining to political signs and changes to the face of any valid nonconforming sign. Mr. McCann: This only to have a public hearing to look at the particular language in the sign ordinance. Is there a motion? On a motion Mr. LaPine, seconded by Mrs. Koons, and unanimously approved, it was #10-172-99 RESOLVED that, the City Planning Commission, pursuant to Council Resolution#498-99, and pursuant to Section 23.01(a)of Ordinance #543 of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Section 18.50D and Section 18.50K of the Livonia Zoning Ordinance pertaining to political signs and changes to the face of any valid nonconforming sign. �... FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended. Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hale, Secretary, announced the next item on the agenda is Discussion of Petition 99-9-6-4 by the Planning Commission pursuant to Council Resolution 608-99 and Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine wither or not to amend the Livonia Zoning Ordinance so as to provide a specific definition of"major thoroughfare" in connection with signs on building at corner locations. Mr. McCann: Again, this is to hold a public hearing. Is there a motion? On a motion by Mr. LaPine, seconded by Mr. Piercecchi, and unanimously approved, it was #10-173-99 RESOLVED that,the City Planning Commission, pursuant to Council Resolution#608-99 and Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Section 2.03 of the Livonia Zoning Ordinance to provide a specific definition of"major thoroughfare". 17188 FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of `"' Livonia, as amended. Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hale, Secretary, announced the next item on the agenda is Discussion of Council Resolution#608-99 which, among other things, refers the issue of signs on multiple story commercial buildings to the Planning Commission for its report and recommendation. Mr. McCann: Is there any discussion. Is that the staff recommendation that there be no further action be taken for the following reasons? Mr. LaPine: Is that one we don't have to hold a public hearing on? Mr. McCann: This is one we said we decided we believed that no further be taken. On a motion by Mr. LaPine, seconded by Mr. Shane, and unanimously approved, it was #10-174-99 RESOLVED that,the City Planning Commission having considered the issue of signs on multiple stories of commercial buildings, pursuant to Council Resolution#608-99, does hereby recommend to the City Council that no further action be taken for the following reasons: (1) That the existing sign regulations and standards as set forth in Section 18.50 of the Livonia Zoning Ordinance are adequate to sufficiently control tenant signage for multiple story commercial buildings; (2) That tenant signage for multiple story business centers is allowed only as provided for in Section 18.50H of the Zoning Ordinance and is subject to all other restrictions contained in this ordinance pertaining to sign permit applications and site plan approval; and (3) That tenant signage for multiple story business centers is a very rare issue that does not warrant an amendment to the sign regulations contained in the Zoning Ordinance. Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted the 793rd Regular Meeting held on October 5 , 1999, was adjourned at 9:36 P.M. CITY PLANNING COMMISSION /./-/7"/"/-.7;4%//:-Ii/ = Michael S. Hale, Secretary ATTEST: / G J.m's C. McCann, Chairman /rw (