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HomeMy WebLinkAboutPLANNING MINUTES 1996-08-13 15094 MINUTES OF THE 729th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF ',taw LIVONIA On Tuesday, August 13, 1996 the City Planning Commission of the City of Livonia held its 729th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Engebretson, Vice Chairman, called the meeting to order at 7:30 p.m., with approximately 60 interested persons in the audience. Members present: Jack Engebretson Robert Alanskas R. Lee Morrow Patricia Blomberg R. Lee Morrow Members absent: James C. McCann William LaPine Messrs. John J. Nagy, Planning Director; H. G. Shane, Ass't. Planning Director; and Scott Miller, Planner II, were also present. Mr. Engebretson informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in pow which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Alanskas, Secretary, announced the first item on the agenda is Petition 96-7-1-14 by the City Planning Commission, pursuant to Council Resolution #459-96, proposing to rezone 57,000 sq. ft. of vacant land located adjacent to and immediately west of Exhibit Works, Inc. on Merriman Road between Industrial Road and Glendale Avenue in the Northeast 1/4 of Section 27 from PL to M-2. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Engebretson: Mr. Nagy, since the City is the petitioner in this case would you give us some background please as to how this matter came about and also tell us whether we have any correspondence regarding this petition. Mr. Nagy: We have received a letter from the Engineering Department stating their office has no objections to this rezoning proposal. 15095 As the agenda item indicates this was initiated by a Council resolution. `w The property was formerly owned by the City of Livonia. That is why it is zoned in the Public Lands zoning classification. The City has determined to sell this property to Exhibit Works. For that reason the Public Lands limitation for the land use is no longer appropriate. The property was purchased for use as part of an industrial complex and as such they asked for, and it is only appropriate, that the zoning be changed to allow for their intended use of the property, the basis upon which they purchased it. That is the purpose for the zoning change so as to be consistent with the surrounding zoning of the area as well as the special zoning of the property owner. Mr. Engebretson: Mr. Nagy, has the City Council approved the sale of this property? Mr. Nagy: Yes they have. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Vice Chairman, declared the Public Hearing on Petition 96-7-1-14 closed. On a motion duly made by Mr. Morrow, seconded by Mrs. Blomberg and unanimously approved, it was #8-146-96 RESOLVED that, pursuant to a Public Hearing having been held on August 13, 1996 by the City Planning Commission on Petition 96-7-1-14 by the City Planning Commission, pursuant to Council Resolution #459-96, proposing to rezone 57,000 sq. ft. of vacant land located adjacent to and immediately west of Exhibit Works, Inc. on Merriman Road between Industrial Road and Glendale Avenue in the Northeast 1/4 of Section 27 from PL to M-2, the City Planning Commission does hereby recommend to the City Council that Petition 96-7-1-14 be approved for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding zoning districts and uses in the area; 2) That the proposed change of zoning is consistent with the Future Land Use Plan designation for the property of"Industrial"; and 3) That the proposed change of zoning is consistent with the intended use of the property. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. 15096 Mr. Engebretson, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-7-1-15 by the City Planning Commission, proposing to rezone property located at 19810 Farmington Road and 19730 Farmington Road in the West 1/2 of Section 3 from OS and R-3A to R-C or R-9. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Engebretson: Mr. Nagy do we have correspondence regarding this petition, and once you have dealt with that, would you also explain briefly how this petition came about? Mr. Nagy: We have received a letter from the Engineering Department stating their office has no objections to this rezoning proposal. Just like the previous petition, this too has been initiated pursuant to a Council resolution that asked the Planning Commission to hold a public hearing on the question of whether or not the existing zoning of Office Services and Residential in the R-3A zoning classification, should or should not be changed to a more appropriate zoning classification, and they suggest either R-9, Residential Housing for the Elderly, or RC, which is Residential Condominium. The purpose for this hearing is to hear public comment as to whether or not it is appropriate to make such a zoning change. The Planning Commission does not have a predetermined plan for the area other than to hear public comment as to the advisability whether such a zoning change is appropriate for the property. Mr. Engebretson: Is the landowner or landowner's representative here this evening? Agent for owner of property stated he was in attendance to hear the comments. Mark Brookman, 19538 Westmore: I was curious what their plans were for this property. Mr. Engebretson: We don't know. We, the City, are initiating this petition to consider changing it to a residential classification, and that is what we are considering here tonight. You heard Mr. Nagy say that the two options being considered tonight are RC, which is Residential Condominium class of ownership, which could be either attached or detached homes, or R-9 zoning, which would be senior citizen housing. Mr. Brookman: I am not opposed to either of those. I was just curious if they had any more planned than just changing the zoning. 15097 Mr. Engebretson: When you say they, do you refer to the landowner or the City? Mr. Brookman: The owners. Mr. Engebretson: Well we don't know but we are going to hear from the owner's representative later this evening. This came about as a result of the Planning Commission being directed by the City Council to hold this public hearing, so we are taking public comment, as Mr. Nagy indicated, to try to come to a determination whether or not the zoning change is appropriate, and if so, which of these two or what combination should it be. That is what we are trying to accomplish. Mr. Brookman: That will be determined at a later date? Mr. Engebretson: There is a long process involved in this sir. This is the beginning of it. After our public hearing, if we can reach a conclusion to either recommend that it should be changed or not be changed, then the matter goes to the City Council automatically, and they will schedule their own public hearing. They will conduct a public hearing, and then at the conclusion of their public hearing, they have direction as to whether or not it should be rezoned, then they will set it up on one of their regular agendas for that vote. They may choose to put it in a 4111., committee to study it further. There are many things that can happen. This is the very first step, and there would probably be as many as three to four of these types of meetings before this matter is resolved. Mr. Brookman: The residents in the area will be informed of each of those? Mr. Engebretson: Mr. Nagy, because of a zoning change, can you tell us what the extent is of notice being given to neighbors? Mr. Nagy: It is the City policy to send notices to all the property owners within 500 feet of the affected area, notice by common mail, and after the initial notification, the only other official notification you would get, to the same extent as the Planning Commission has given you notice, is when the Council hears the matter. Generally it has been the policy after that,that those who have spoke at the public hearing when the Commission tables the matter to future studies, those that spoke will be contacted again and invited to those study meetings. Mr. Engebretson: To clarify, in case there is any confusion there, the Planning Commission may or may not act on this tonight, and as Mr. Nagy said, if for any reason we do not act on it tonight, you will be notified because you came and gave us your name and address. The way you 15098 would be assured of being kept in the process here would be to call the City Council office and get your name on file with them relative to this �.. petition so when they deal with it, they can give you notice, as we will if we set it up for another meeting. Mark Zagata, 19970 Mayfield: My question is we have considerable problems with JC Park soccer traffic. Is this going to include any type of access City road that will connect Farmington with the park? Mr. Engebretson: The only thing we are dealing with here tonight sir is the matter of zoning. Whatever that road system would look like in there if the zoning change occurred, if a site were planned and brought through the process, it is at that time that we would deal with the roads, but my guess would be that it is unlikely that roads would go on through to the area you are concerned about, but that is just speculation. Mr. Zagata: It is basically up to the developer then? Mr. Engebretson: No sir. What would happen, if the zoning change occurs, this is the long process I was describing, the next thing that would happen would be that the land would be platted for the layout of streets and infrastructure and the location of homes that would be built, the disposition of existing buildings, etc. That is another long process. This is a process that can take many months. It can take a year or more. As you heard earlier, we are just beginning. I don't know how to answer you any clearer than that. I am not trying to deflect the importance of your question. It is just that we are not really even permitted to get into those kinds of issues during this phase of the process. It is defined by ordinance and by law as to when the City deals with those issues. Mr. Zagata: Will there be subsequent hearings? Mr. Engebretson: Yes sir. That assumes that the zoning change occurs. If the zoning change occurs, that would then be the next series of steps. If the zoning change does not occur, then, of course, it all stops and stays the way it is. Seeing no one else to speak on this issue, we will call on the landowner's representative. Phillip Wojtowicz:I am with McNabnay& Associates, 21 East Long Lake, Bloomfield Hills: We are commercial realtors. The owners appreciate that they be notified of all subsequent hearings. When we first heard of this, it was really from one of the neighbors that indicated to me that indeed there 15099 was some movement abroad to change the zoning. I asked the Planning Department to notify me. They did, and I appreciate that. I ti.. appreciate any further notice of hearings on this issue. I can assure you that the owners are acting diligently to attract a positive use for this land and we have done mailings on a national basis to attract a positive user for the property and we are continuing to do so. What the needs for in the zoning of such possible uses of the future, I cannot say at this time although it seems it should be consistent with the zoning as it is stated right now or as you are requesting, or even surrounding zoning. I can't tell you that the owners are in agreement with this because we don't know who the possible future owner or user of the property would be, but we are trying to attract a very positive user who may end up coming to you for a rezoning. Mr. Engebretson: Can you tell us sir what kind of positive uses you are discussing with these prospectus? Mr. Wojtowicz: We have had a lot of attention, on both the local and national level, for assisted living, and we have been pursuing with some of these individuals. We have shown it a number of times, both on the local and national levels for that use. I have had discussions with state and private organizations, especially in light of the charter schools that are happening in Michigan and around the nation right now. In my mind, it '`., would be an excellent site for a charter school, especially one that would be attractive to folks all around the midwest. That hasn't gone very far but I do show that for my publicity as one of the possible uses for the land. Mr. Engebretson: Are you accustomed to doing business in Livonia sir? Mr. Wojtowicz: I have done business in Livonia in the past and all around southeast Michigan. We do not limit ourselves to a geographical area. Mr. Engebretson: The only reason I am asking, and I really don't mean to be dominating this meeting, anyone else that wants to come in, I will be glad to yield the floor, but the zoning, as I am sure you are well aware, is office, and the waiver use that was in place on this property for its previous use has long expired and is no longer a permitted use for the same type of use that it last had, and I am not referring to the short-term, temporary use. I am referring to the permanent use prior to that. The reason for asking if you were acquainted with Livonia real estate businesses, is that if you are, fine. If you aren't, then I would suggest that you obtain, from our staff, the relative copies of the zoning ordinance that would be important for you to understand, so you don't go out and expend a lot of energy, time and perhaps money, only to recruit a user 15100 that was totally incompatible to and not in harmony with that neighborhood based on our ordinance. It would be well advised for r+.. you to do that. That is the spirit in which I was making the inquiry, and I suggest that you do that at your earliest convenience. We will be happy to supply you with whatever documentation would be helpful to you. Mr. Wojtowicz: I have been in touch with some of your staff Mr. Engebretson: I have a letter here that I would like to read into the record. It is a brief letter dated July 31, 1996 from Edward and Kimberly Naccashian who are unable to be here tonight due to the pending joyous occasion of their first baby so they are making their thoughts known as follows: Thank you for the informative letter regarding Petition 96-7-1-15. As you are aware, we are still very concerned with the intended use of this property. Two years have passed since Boysville occupied the Ardmore property. We wonder why such a prime piece of Livonia land still remains unoccupied. We are happy to see a change in zoning as long as the change does not limit the chances of occupancy. We sincerely appreciate all attempts to resolve this situation and hope the property will soon be occupied and making a positive contribution to our City. During several conversations with Phil Wojtowicz (Ardmore Realtor), he said he has shown the property numerous times within the past two years. We have offered several suggestions for buyers including the Jehovah's Witness of Livonia, the Gilda Radner Hospice Center, Livonia YMCA, Safe Haven for Battered Women, a Senior Hospice, Senior Center with a Child Care Facility. Also, residential housing on the south piece of property. We hope this matter will soon be resolved. Mr. Morrow: I would like to make a few comments. Given the choice the City Council has given us between and RC and an R-9, as one Commissioner I favor the Residential Condominium for several reasons. One reason is the R-9, which is senior housing, the City just recently acquired some land on Newburgh to landbank future senior citizen housing. The other reason is residential condominiums seem to be scarce in Livonia. As we all know, we are kind of a maturing community, and we have an abundance of residential properties currently being built but as the people decide to move from their single family homes into a condominium setting, particularly in the northwest 15101 section, there is really nothing available for them coming on stream, and they will be faced with selling their single family home and possible ,., moving out of Livonia. We certainly don't want to lose them. This is based on a mini survey that I made. I have had a number of people come to me and ask what is the status of condominiums in that particular section of the City. As I see it this is an opportunity to move in that direction. As was stated in Naccashian's letter, they did make reference to a prime piece of property and after site checking it a number of times, in my estimation it is a prime piece of property because it does border a flood plain and it does border the park and there are a lot of opportunities. My concern, not necessarily a concern, but if it is developed into a residential condominium setting, I wouldn't want a developer coming in and coming up with the very minimum type of development. When I say minimum I mean maximizing the number of units. My view would be to perhaps table this so we can initially change our Master Plan, which currently is not low density residential, and if I may ask the staff, what does the current Master Plan show for this property? Mr. Nagy: It reflects the established zoning on the property. Mr. Morrow: Office zoning, the whole area? `.., Mr. Nagy: The whole area is office. Mr. Morrow: Then perhaps we could consider an ordinance, as we do in residential, you see R-3A on your agenda, the A makes reference to the size of the unit that could be built as far as the square footage, and we have an A, B and C. We do not have that with the Residential Condominium, which I think would be a way of controlling the larger type of condominiums in that particular area. Mr. Chairman, that is my comment. Mr. Alanskas: I concur with Mr. Morrow. This is almost 24 acres and I think it needs more study. I go along with that. Mr. Morrow: I would like to offer a tabling resolution to date uncertain while we have a chance to study it, and at that time bring it back so we can act on it and send it to the City Council after we have had more time to consider this piece of property. I certainly want to go on record at an early stage on moving to change the Master Plan so that any development in that area would see a low density residential type of development. 15102 There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Vice Chairman, declared the Public Hearing on Petition 96-7-1-15 closed. vsair On a motion duly made by Mr. Morrow, seconded by Mr. Alanskas and unanimously approved, it was #8-147-96 RESOLVED that, pursuant to a Public Hearing having been held on August 13, 1996 by the City Planning Commission on Petition 96-7-1-15 by the City Planning Commission, pursuant to Council Resolution #398-96, proposing to rezone property located at 19810 Farmington Road and 19730 Farmington Road in the West 1/2 of Section 3 from OS and R-3A to R-C or R-9, the City Planning Commission does hereby determine to table Petition 96-6-1-15 to date uncertain. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-7-2-22 by Bonnie Scott for St. Michael Catholic School requesting waiver use approval to construct an addition to an existing private school located south of Plymouth Road between Hubbard Road and Fairfield Avenue in the Northwest 1/4 of Section 34. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating their office will require additional information relative to the status of the on-site sewer system. They state their office has been in contact with the petitioner's architect in this regard. We have also received a letter from the Fire Marshal stating his office has no objections to this proposal. We have received a letter from the Inspection Department stating the proposed addition to the existing school building will not change the parking requirements that currently exist, nor will it create any additional deficiencies for this site. On August 7th this department received a letter from the Traffic Bureau which reads as follows: The Livonia Police Department Traffic Bureau has reviewed the new parking plan submitted on July 30, 1996. The new parking plan includes the paved area which is currently designated as a play area, located on the southern most area of the site plan. The Traffic Bureau recommends the two basketball poles which 15103 are located within the parking area site plan be removed to avoid any conflicts of vehicles attempting to park within this area. The parking `. plan within this area should also include parking blocks along the east and west fence line due to their close proximity to the sidewalks which run north and south parallel to the fence line. Located on the west side of Hubbard south from the sidewalk nearest Plymouth Road (in front of the Church) is an area which is currently paved (blacktopped). This area is currently controlled by a PCO #48 (October 4, 1962) which states No Parking or Standing and is affixed to an electrical pole. This PCO designates no parking or standing in the blacktopped area mentioned above. It is the Traffic Bureau's recommendation that this area which is paved be removed up to the established roadway(Hubbard) and be replaced with grass/landscape of low elevation not to interfere with sight lines. This recommendation is made based on the probability of traffic parking at this location and interfering and creating a hazard with other motorists turning south onto Hubbard from Plymouth. Motorists backing out if parked at this location would most likely result in a crash with southbound Hubbard traffic from Plymouth due to their short distance from Plymouth Road. This recommendation would only eliminate 11 parking spaces per the site plan. The Traffic Bureau would not object to a single space located immediately in front of the wide sidewalk which leads up the entrance of the church. This single space could be used for the temporary loading/unloading during weddings, funerals, etc. Should the Planning Department have any questions regarding these recommendations please contact the Traffic Bureau. Mr. Engebretson: Would the petitioner please come forward. Bonnie Scott: I represent St. Michael Catholic School. I have a couple colored renderings. (She presented the plans) The existing gymnasium will be removed and replaced by this addition. The reason the petitioner wants to go through this is the existing gymnasium right now does not service their needs, and this would be a new gymnasium to fit their requirements for their sports program and also a cafeteria. Mr. Morrow: I assume it is going to be brick? Ms. Scott: Yes it is. The existing building is brick right now and the addition will be to match that, not a dramatic change but to keep the same architectural style and to match the brick. Mr. Morrow: As close as you can. 15104 Ms. Scott: Exactly. Mr. Morrow: Are there any roof top units? Ms. Scott: At this time there are not. It is planned right now to have a boiler room with an air handler contained within that to service the whole building not in different portions of it. If there are any air handlers to be placed on the roof, they will be screened by the parapet wall. Mr. Morrow: I just wanted to make sure they would be screened. Ms. Scott: Right now the only place that may occur would be in the gymnasium. Mr. Morrow: Is there any additional lighting connected to this project as it relates to the parking lot or anything that might interfere with the surrounding residential? Ms. Scott: Yes there is. If this is approved, we recommend that there be additional lighting placed in the back, which we would like to work with the City as far as the location and how it should be handled. Mr. Morrow: I guess our stipulation would have to be if we can move this forward without a schematic, it would have to be in keeping with what we require as far as height and the fact it is downlit and establish the hours of operation. I am not sure how we would handle that but I think it is something that should be addressed as part of our resolution. Mr. Alanskas: Can you give us a rough idea that when and if we did this, how many days you would be near capacity for parking? Ms. Scott: I may have to ask the owner to answer that question. Father Bondy, Parish Pastor of St. Michael: Sunday during mass because we do not use the gym until the afternoon. We never use the gym simultaneous with the masses. Mr. Alanskas: At the present time you don't have a capacity problem as far as parking? Father Bondy: No we don't. Mr. Alanskas: Do you expect that to happen with the new addition? Father Bondy: No I do not. I would like to add not only would that help our needs and also the needs of the Rosedale Homeowners Association because 15105 now and then they do use our facility but also as Ms. Scott pointed out in the first drawing, we have three buildings and this would connect it ,ftp• and that aesthetically would be more harmonious and better for the neighborhood. Mr. Engebretson: Is there anyone in the audience wishing to speak for or against this petition? Christopher Martin, 11037 Hubbard: A question for Mr. Nagy. On that parking plan Mr. Nagy, you had specified curb blocks on the east and west. Is that the way it was? Why not to the south? Under Section 13.07 Curbs, it reads necessary curbs or other protection against damage to adjoining properties. I have had my fence run into many times because there are no curb blocks there. Mr. Nagy: I think it would be a simple matter to also require curbs along the south property line as well. Mr. Martin: I would hope so because I would be asking you, at this time, since they are razing a building and renovating, that the parking lots be brought up to the existing codes relating to off-street parking, and you and I have spoken about that many times. Mr. Engebretson: I think to move pass this particular point that the issue was raised by Noy the Police Department not by the Planning Department. You raise a valid point and it is one we can deal with very readily. The Police Department concerns themselves basically with health, safety and welfare issues, and if we find there may be some other reasons to consider similar techniques to protect property and/or health, safety and welfare issues that may not be so obvious. Mr. Martin: Before the evening is over I will give each of you a package of the off- street parking requirements. I would like to take just a minute prior to doing that. This is the original map, a copy, back from 1961 when the church was first built. Let me say I have been a resident of Rosedale Gardens all my life, attended school here and I am familiar with what is there. On this particular parking plan that was submitted for the City Planning Department at the time, there are many inconsistencies with it. Mr. Engebretson: What is the date of that plan sir? Mr. Martin: This plan of the church was submitted in 1961. I have been waiting 35 years to have these ordinances enforced, and I have heard all kinds of excuses but let me just give you one pertinent one at this point. As far as cars, at the particular time this church was built, they had seating for 15106 1212 people. They had to have enough parking for that. The majority of the parking lots that are listed on this map have been grossly `.. exaggerated. An example I can give you. There are 70 cars that they say can be parked directly south of the church. In reality there are 45 and 8 handicap. NBD Bank, they list as 44. There are 26 and 2 handicap. The very most southern parking lot they list as 260. At the very most, taking down those basketball backstops you referred to, 160 cars. What we have here is we have gone from what they are claiming to be parking for 412 cars down to 270 with 12 handicap. I have had a very hard time getting this map. Let me assure you of that. I have constantly been told they had been lost in the flood. Any time false information, and it is right in this handbook, Mr. Nagy knows, I am sure, I have had to go over and read them very carefully, any time false information is given, I know it is never going to happen in this business, but you can revoke their occupancy permit. I know that is never going to happen. It might to the small guy but it will never happen to a powerful entity like St. Michael's Parish. There are inconsistencies. There should be a brick wall there that we talked about numerous times, Mr. Nagy and myself, to provide protection. I have a letter dated 1969 where the school admits and asks the City Council at the time to increase that height to 12 feet when in reality they could have put up a wall 5 to 7 feet and I would have been happy with that 7 foot wall. Who, on this panel, wants to have a child come up and spit on your dog? Raise your hand. Anyone here? Who wants to have rocks ``" thrown at your house? Anyone here? These things occur. I am telling you the exact truth. Later on, I would like to give you all the off-street parking zoning ordinances. They are very easy to read. It is not that boring. I would like you to read it because only when I bring up the question, will then Mr. Nagy change and have it be the correct answer. Later on I can give it to you. Mr. Engebretson: We all have copies of the zoning ordinance so we really don't need to take advantage of your offer. Mr. Martin: I have made them up for you. I would be glad to give them to you. Mr. Engebretson: We will be glad to take them. I would just like to tell you sir that you must be one of the most patient people. Mr. Martin: I am doing this not only for myself, I went to school there from 59 to 67 and I witnessed how my grandmother, who was the prior owner of that house, was treated. I am doing this not only for myself. I am still a young guy and can take a lot of it from some of these children but I am basically doing it for her. She was an old woman and could not defend herself. The ironic thing about it also, is that there are monitors 15107 out there to prevent instances of vandalism. I tried to take one to court. I had over $300 damage to the windshield of my truck. I went to court. The ruling was made that the school is not responsible, none of the people supervising the children are responsible. Only the parent is responsible. How can you have that in that type of environment where the parent is responsible? I went over immediately when that occurred and I notified one of the monitors over there. I have a lot of patience. I will give you all, before the night is over, those ordinances. Mr. Engebretson: We will be happy to receive whatever material you have. I would just add before going to Mr. Piercecchi that while we are very much interested in the process of going from 1961 to 1996, what we are going to really focus on is 1996. Mr. Martin: I understand but you have to realize they have been in non-compliance since that date. Mr. Engebretson: I think your point has been well made. Mr. Piercecchi: This wall that you spoke of, is that between Fairfield and Hubbard? Mr. Martin: There is no wall there sir. Mr. Piercecchi: The one you said they wanted to put in? V.. Mr. Martin: They had first requested to put up a fence. This is their only admission that they could not protect abutting residential property, but in the zoning code there is a stipulation for that protective wall. Mr. Nagy wants to disagree with me on it but it is there. Any time you raze or alter a building, you comply with the ordinances on the book now. Mr. Engebretson: Mr. Nagy, in the case of a church, it is not my recollection that walls are required. Mr. Nagy: That is correct. The underlying zoning is residential. Mr. Martin: Off-street parking is in residential. That brick wall can be placed in every area regardless if it is residential, professional services, commercial, industrial. Mr. Engebretson: There is a big difference between can be and is required. Mr. Martin: It is required. 15108 Mr. Engebretson: It is our interpretation that in the use of this land and the zoning of this land, it is not required but perhaps we can ask our Legal Department to `.• get on more solid ground. Mr. Martin: The Legal Department has been asked in the past and these are the excuses I have heard (1) that has been a long time ago and (2) are you a parish member? Which I found what does that have to do with anything? I am a taxpayer. Mr. Engebretson: I don't hear anyone here asking you any of those questions. Mr. Martin: I thank them for that but that is not the way it is in the City. I have lived here all my life. So have my parents, since 1940. Mr. Engebretson: Thank you very much for coming sir and we will be happy to receive your packets. Mr. Martin: I will be waiting after the meeting to have a chat with you. Mr. Engebretson: We probably won't have any chats. If we have any chats it will be at a public meeting just like this one. Mr. Martin: That is the best because there is no hiding. It is out in the open. *ft" Mr. Engebretson: That is the only way we operate sir. All our meetings are open. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Vice Chairman, declared the Public Hearing on Petition 96-7-2-22 closed. Mr. Alanskas: Due to some information we received this evening in regards to parking, I would like to offer a tabling resolution until September 10 to study this further. On a motion duly made by Mr. Alanskas, and seconded by Mr. Piercecchi, it was #8-148-96 RESOLVED that, pursuant to a Public Hearing having been held on August 13, 1996 on Petition 96-7-2-22 by Bonnie Scott for St. Michael Catholic School requesting waiver use approval to construct an addition to an existing private school located south of Plymouth Road between Hubbard Road and Fairfield Avenue in the Northwest 1/4 of Section 34, the City Planning Commission does hereby determine to table Petition 96-7-2-22 until the study meeting of September 10, 1996. 15109 FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance ,,r #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Alanskas, Blomberg, Engebretson, Piercecchi NAYS: Morrow ABSENT: McCann, LaPine Mr. Engebretson, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson: Mr. Nagy, will you please get one of these packets off to our Legal Department to make sure we have covered all the bases. I don't feel adequate to interpret all these matters. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-6-6-3 by the City Planning Commission, pursuant to Council Resolution#138-96, proposing to amend Section 18.58(a) of the Zoning Ordinance with respect to site plan approval in all OS, C-1 and C-2 zoned property, and general office buildings located in ML, M-1 and M-2 districts. Mr. Engebretson: Obviously, this comes to us again from a Council resolution. Mr. Nagy slow could you comment briefly on the intent there. Mr. Nagy: The purpose for the proposed amendment is to require that site plans with respect to all development, regardless of the size of the development, whether it be in the office service classification or the commercial classification, either in the C-1, C-2 or C-3 designation, those site plans would be reviewed at the Planning Commission level with a recommendation for the City Council for their approval, as well as offices that might fall within the manufacturing classifications of ML, M-1 or M-2. Those site plans, again, would be reviewed by the Planning Commission for recommendation to the City Council. Currently the ordinance, as it is presently structured, says that with respect to office sites two acres or less, those site plans, outside of specially designated control areas, are reviewed and approved by the Planning Commission, and does not require being concurred in by the City Council, and there is a five acre site limitation with respect to commercial developments where the Planning Commission would have the sole authority to review and approve site plans. That limitation of two acres and five acres would be eliminated and all plans would then go on to the Council for their concurrence. 15110 Mr. Engebretson: Since the City again is the petitioner in this matter, we will go immediately to the audience to see if there is anyone wishing to speak yy for or against this proposal. There was no one in the audience wishing to speak. Mr. Engebretson: Mr. Nagy, do we have any statistics on the number of instances where there are petitions that are acted upon within the framework of these two zoning districts that have these size limitations as to how many issues fit that profile versus the number that automatically go on to the City Council? Mr. Nagy: Yes we do. We would be happy to share it with you. It is an easy matter. We distinguish those in the petition process in the site plan where there is the suffix letter "P" at the end. We know those were heard only on the Planning Commission level versus those that went on to City Council. So it is just a matter of reviewing the record. We can get that for you quite readily. Mr. Engebretson: I know that having watched the City Council meeting last night, which went into the wee hours, I think they may have even beat some of our records, it has always been my impression that this process has one of the benefits of keeping the City Council involved, of course, in all the big issues but have the relatively insignificant issues dealt with New here,realizing that they have more important issues to deal with and many more of them. We may deal with six, seven or ten and twelve items, while they deal with 40 to 50. Anyway, I think there could be a lot of ways of interpreting whether this is a good or bad thing but it sounds like we need to take some time to find out better what the history has been. Mr. Nagy: We can easily develop that for you. Mr. Morrow: The only comment I would make Mr. Chairman, we are minus the Chairman and another Commissioner and I think this is something that they might have something to share with us as it relates to this matter and I would like to have a full Commission present when we finally act on this. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Vice Chairman, declared the Public Hearing on Petition 96-6-6-3 closed. On a motion duly made by Mr. Morrow, seconded by Mrs. Blomberg and unanimously approved, it was 15111 #8-149-96 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on August 13, 1996 on Petition 96-6-6-3 by the City ,` Planning Commission, pursuant to Council Resolution#138-96, proposing to amend Section 18.58(a) of the Zoning Ordinance with respect to site plan approval in all OS, C-1 and C-2 zoned property, and general office buildings located in ML, M-1 and M-2 districts, the City Planning Commission does hereby determine to table Petition 96-6-6-3 to date uncertain. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Preliminary Plat Approval for Castle Woods Subdivision proposed to be located on the south side of Lyndon between Newburgh and Stonehouse in the Southeast 1/4 of Section 19. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Nur Mr. Nagy: We have received a letter from the Department of Parks and Recreation stating they find no discrepancies in the plat as it has been proposed. We have also received a letter from the Traffic Bureau stating they have no objections to this plan as submitted. They do recommend the installation of stop signs on Huff and Huff Court, establishing right of way for Lyndon Street. Also in our file is a letter from the Fire Marshal stating they have no objections to the proposed subdivision. However, the cul-de-sac should accommodate responding fire apparatus having the inside turning radius of 26 ft. and an outside turning radius of 36 ft. Lastly, we have received a letter from the Engineering Department stating they have recommended to the platting engineer that the island area within the Huff Court right-of-way be revised as shown on their sketch. This, in turn, reflects on the alignment of the front lot line of Lot 4. Subject to the above revision, their office had no objections to the proposed layout. Mr. Engebretson: Is the petitioner present? Ernie Bourassa: I am President of Ashley Construction Company. We are in for a rezoning. We intend to put a nice cul-de-sac in off of Lyndon Avenue. It is going to be nine lots. We will be trying to maintain all the trees that we can. There are a number of large trees on the site. The 15112 property has a house and about four to five outbuildings in the back from the dog kennels, which we are planning on removing and having the area cleaned up. Mr. Engebretson: I don't want to pick on you Mr. Bourassa, you said you were here for a rezoning. For anyone at home that might be interested, the zoning has been changed. You are looking for a plat. Mr. Bourassa: I wasn't referring to me looking for that. I was just saying when I was here before. Mr. Engebretson: I know you have been through the process many times and that you are very familiar with it. The comment wasn't directed toward you. It was just to avoid any confusion with someone in the audience. Mr. Alanskas: John, do we have what we need for the turnaround? Mr. Nagy: Yes. Our City engineer did contact the platting engineer, Mr. Priest, and the court has been revised accordingly reflecting the appropriate radius spanning the island area. Mr. Engebretson: We will go to the audience to see if there is anyone wishing to speak for or against this preliminary plat. `ft.. Bob Pachota, 14315 Richfield: This is a lot in the Castle Woods Subdivision. I was out of town for the last meeting when they went through the rezoning but my wife did show up, and I thought I wanted to come by and give my own personal comments to you. The one thing you mentioned to my wife was coming into our subdivision to review the plat, you got your car dirty, and you wanted a car wash. I don't want our subdivision to get a bad reputation so you don't have to come in there any more. Mr. Engebretson: And you and I both know there is a road that we travel that is a lot worse than this one. Mr. Pachota: The second comment is in regards to the attitude of the Planning Commission about dog kennels. Most everybody in our subdivision have dogs and there have been some comments made that we should be glad the dog kennels are going. That is one of the reasons we live there because we all own dogs and like large lots. I would like to make it clear that everybody likes to live wherever they want to live for certain reasons, and I don't think comments about dog kennels should be derogatory. I grew up in Livonia. As a matter of fact I went to St. Michael's School in Livonia in 1947. The church was there before the subdivisions were there. I used to go hunting where City Hall is now. 15113 There were about 6,000 people in the City of Livonia so I enjoyed having seen the growth of the City and our forefathers doing a great job planning it. I just hope you can follow the same tradition as our `"" forefathers because it is a beautiful City and that is why I still live here. I do have a business in Livonia and love the City. The purpose of being here is that when you start out in the subdivision plotting, Mr. Bourassa started out with 12 lots. He is now down to nine and that is because of certain deed restrictions we have in that subdivision. My purpose here is just to make sure those deed restrictions, and I know this is not part of the Planning Commission's rules. In other words, in the City of Livonia evidently you don't have anything to do with deed restrictions. There are some cities that do have a consideration in the Planning Commission that they maintain a builder, or whoever, conform to the deed restrictions before they even come to the Planning Commission. Livonia doesn't do that. I think that would be a very progressive suggestion, and save a lot of time and aggravation. I have had numerous conversations with Ernie to say Ernie do you realize that what is approved here won't fly no matter what the Planning Commission says because of these deed restrictions, and he is a very gracious, wonderful, fellow that changed his subdivision from 12 lots down to 9 to conform to the subdivision, which is like our forefathers. The deed restrictions were good planning. There is nothing wrong with them now. We have the right not to allow the small lots and part of the deed restrictions, and I am sure Ernie has a copy of them. What ``•r I want to point out for the Commission and to put it on the record is that each house has to have a two-car garage. There are certain setbacks and side yards. I think Ernie that R-3 conforms to what is in the deed restrictions as far as setbacks and side yards. They are pretty minimal, 10 foot side yards, so I don't think that is a problem. The one thing is that no residential lot in our subdivision be less than 14,000 sq. ft. The plan that I saw, the minimum lot was 14,000 sq. ft. but now you are talking about a different copy of the subdivision John because they changed the cul-de-sac. Does that change any of the lots? Mr. Nagy: It was internal within the right-of-way area It did not diminish the lot area. It was actually internal, the turn radius of the island area to the right-of-way. Mr. Pachota: Then as stated in the deed restrictions, the minimum lot size is 14,000 sq. ft., which does conform to our deed restrictions, so that is a good solid proposal. Again, that no dwelling have no less than 624 sq. ft. on the main floor. I would think they are probably over that. What I am trying to get on record today is to make sure that the builder does follow the deed restrictions, and it looks like he did a good job and I would like to thank him for that. 15114 Mr. Morrow: I would like to clear up one point. As one Commissioner, it was not my intent to be derogatory towards dogs or animals. If you got the inference that because of that we thought it might be a plus for the neighborhood, it was strictly because of the use. Commercial use and commercial service. Sometimes people don't like to have commercial that close to them from a zoning standpoint. My reference was not to dogs. It was just to commercial. Mr. Pachota: My wife really took offense to those comments. I thought it was funny. Mr. Morrow: Let your wife know it was not directed at the dogs. It was strictly the commercial use. Mr. Pachota: I am sure the apology is accepted. Thank you. Mr. Engebretson: I would just let you know that your wife did a very credible job in your absence. She did every bit as good a job that night as you have done tonight Bob. I don't remember the specific references to the dogs but I do remember that when some of us went out there that no matter where we were, we heard those dogs barking and we observed it might be troublesome to us but maybe to some it is a welcome part of the process of living in that neighborhood for you. I do remember that we found that the road had some areas in it where we wanted to avoid `�•• them if we could, but we did our home work and we weren't taking any shots at anybody. I guess sometimes we don't make ourselves clear when we make a comment that is intended to be informational and sometimes perhaps we are not sensitive enough to or perhaps not understand how it is going to be interpreted. Please explain to your wife there was no intent to be disrespectful to her relative to any comments made about the road or the use of that property because it certainly wasn't intended. Mr. Pachota: As many years as we have been in this City we have seen a lot of good and a lot of bad, and the nice part about it is that the City of Livonia has generally been mostly good, and I think the forefathers and the people now are very conscientious and seem to be doing a good job. The purpose is there is nothing in the City ordinances that put up a red flag for you fellows saying there are deed restrictions and the builder coming in, wanting something, and leaving and then all of a sudden there is a law suit because no one knew about it. The reason I am saying this there are a lot of large lots in the City of Livonia along the river and along Seven Mile, and I think, myself, those luxurious lots and houses that we have in Livonia should not be torn down and put into subdivisions. It seems a lot of them are being done. In our case, 15115 since we have the deed restrictions it is not allowed but it could save a lot of aggravation in the future if someone in the City researched it. I don't know if it is possible or not John or if that has any bearing on your decisions but I would think it is a good suggestion for the City. Mr. Engebretson: I think you are right because the vast majority of future development is going to be very much like this particular situation with a scenario that you just described and after we dispose of this I will ask Mr. Nagy to put this on one of our study meetings for further discussion, and we can make a determination. It has been my impression in the past that deed restrictions is something we cannot get involved in. Mr. Pachota: One thing I would like to ask the Planning Commission, which I have heard some weird stories in my subdivision because we do have some subdivision get togethers, I am sure you are familiar with the area. We have a tremendous amount of traffic that goes from the other subdivision out onto Schoolcraft to get to the freeway entrance ramp. Are you against cul-de-sacing roads to block tremendous traffic like this? Mr. Engebretson: There have been a number of proposals in recent years where new subdivisions have been proposed and people would raise that particular concern and the Public Safety Departments, the Fire Department and Police Department, have some problem with artificially disrupting or 't•► interrupting the flow of traffic on a particular street for emergency purposes, etc. I don't think there is a policy for or against it but each individual case is taken on its own merits. I will give you two examples. Recently at Seven Mile and Newburgh there was a proposal to block off access from the existing Curtis street to Curtis on the other side and that was inappropriate for reasons I mentioned earlier. On the other hand, there were some cul-de-sacs that were put in that made them probably less than attractive so each individual case is dealt with as it comes through. Mr. Pachota: A lot of the neighbors told me that they have asked people and cul-de- sacs are absolutely a no-no, which I didn't believe. Mr. Engebretson: The proper place to deal with that would be with the Traffic Commission to get on their agenda and discuss it with them if it is a concern. Go right directly to the Traffic Commission. Mr. Nagy: I think you could start there. If they want to vacate a street so as to block it off and re-develop it into a cul-de-sac, they could petition the City Council to vacate a portion of it, in which case then there would be a hearing to contact the larger members of the neighborhood to see 15116 what the neighborhood as a total feel about such a thing. Certainly the Traffic Board would be a good sounding board for that and from there you could take whatever necessary steps one way or another from Now those recommendations. Mr. Engebretson: I think he spelled it out very well Bob. I think that the accessibility for emergency services would be first and foremost in everyone's minds, that is the Traffic Commission, the Planning Commission, etc. The decision is made, of course, by the City Council and they would be very sensitive to those kind of things too, as you would. You wouldn't want to do something that would create a problem for you or your neighbors. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Vice Chairman, declared the Public Hearing on the Preliminary Plat for Castle Woods Subdivision closed. On a motion duly made by Mrs. Blomberg, seconded by Mr. Morrow and unanimously approved, it was #8-150-96 RESOLVED that, pursuant to a Public Hearing having been held on August 13, 1996 by the City Planning Commission on Preliminary Plat Approval for Castle Woods Subdivision proposed to be located on the south side of Lyndon between Newburgh and Stonehouse in the Southeast 1/4 of Section 19, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Castle Woods Subdivision be approved subject to the waiving of the open space requirement as set forth in the Subdivision Rules and Regulations and to the following additional conditions: 1) That a landscape plan be submitted to the Planning Commission and City Council for approval prior to Final Plat approval which will provide a landscape screen along the rear property lines of lots 8 and 9 and which includes landscaping for the cul-de-sac median area. for the following reasons: 1) That the Preliminary Plat is drawn in compliance with all applicable standards and requirements as set forth in the Zoning Ordinance #543 and in the Subdivision Rules and Regulations; 2) That no reporting City department has objected to approval of the Preliminary Plat; and 3) That the design of the Preliminary Plat is in accordance with good planning principles and provides a reasonable land use solution to the subject property. 15117 FURTHER RESOLVED that, notice of the above hearing was sent to the ,,` abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notices have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and the Parks and Recreation Department. Mr. Engebretson, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson, Vice Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Mr. Alanskas, Secretary, announced the next item on the agenda is approval of the minutes of the 728th Regular Meeting held on July 23, 1996. On a motion duly made by Mr. Alanskas and seconded by Mr. Morrow, it was #8-151-96 RESOLVED that, the minutes of the 728th Regular Meeting held by the City Planning Commission on July 23, 1996 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Alanskas, Engebretson, Piercecchi, Morrow `.. NAYS: None ABSENT: McCann, LaPine ABSTAIN: Blomberg Mr. Engebretson, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Permit Application by Sprint Spectrum Limited Partnership for the installation of a cellular tower antenna on property located at 33239 Eight Mile Road in the Northwest 1/4 of Section 3. Mr. Miller: This property is located on the south side of Eight Mile Road between Farmington and Shadyside. The proposed tower is to be located on Lot 18 of Folker's Farmington Acres Subdivision. It is also part of the Village Green Florist Shop. The proposed antenna would sit on top of a 100 ft. high monopole tower. It would be 288 feet from Eight Mile Road; 425 feet from Shadyside and 30 feet from the south property line. Access to the tower would be through a 10 foot wide gravel drive, which you would be able to access from the parking lot of the Village Green Florist Shop. The tower will be surrounded by a 20'x30' 15118 6 ft. high chain link fence and within that area would be power and telephone cabinets. �.. Mr. Engebretson: Would the petitioner please come forward. Dave Kaminski, Traverse Bay Land Company: Sprint Spectrum has contracted with Traverse Bay to provide acquisition services for their communication network. Quite a bit of what I had to say has already been explained here on the site plan. Mr. Engebretson: Assume that nothing has been said. Give us the proposal. This is the formal process. Whatever we discussed at our study meeting was simply to enable us to get a feel for what is going on here. Mr. Kaminski: Sprint has entered into a lease for vacant property with Escar Bachman for the purpose of erecting a PCS antenna. Again, the location of the property is on the southeast corner of Eight Mile Road and Farmington Road, commonly known as 33239 Eight Mile Road, near the Village Green Florist. The site is a 20' by 30' parcel near the south property line so we access by a 20 feet easement from Eight Mile Road across the parking lot to the site. It is a 100 foot monopole. The entire facility will be surrounded by a chain link fence, six foot. This will provide security for Sprint equipment as well as addressing public safety. The site is unmanned. It does not require water or sewer �.. services. The site will be visited periodically, usually once a month, by Sprint personnel. The proposed monopole is necessary to provide coverage to Livonia and in-vehicle coverage to Route 102. The site is located in a C-2 zoning district. Under Article 11.02, paragraph (g) of the Zoning Ordinance of the City of Livonia antennas are a permitted use subject to site plan approval. A couple of other things, beside the technical aspects of the site, I would like to add I have a letter from the only residential landowner near this site. His name is Mike Petteys. He resides at 20411 Shadyside. The letter reads regarding the PCS tower proposed by Sprint for 33239 Eight Mile Road, Livonia, Michigan, I own the only piece of residential property adjoining this proposed tower. I have had conversations with representatives and have no concerns or problems with this tower. Another item I would like to discuss, during our study session there was discussion for possible co- location with an Ameritech tower that is located fairly close to our subject site. It is within approximately three blocks. First of all, Ameritech in the past has not been interested in co-location with us. Sprint has attempted to negotiate for co-location with Ameritech in the past unsuccessfully. Secondly, that Ameritech pole is basically out of our needed area. If co-location were even possible, there would need to be another tower to cover the hole that would be produced by not 15119 staying within our site where we are currently located. We have some Sprint technical personnel here tonight that can answer any technical questions that you have. Mr. Piercecchi: This is the first tower you are trying to put up in Livonia, is that correct? Mr. Kaminski: That is correct. Mr. Piercecchi: You will be coming in for additional towers? Mr. Kaminski: There will be some additional towers that I believe will be needed in the City of Livonia. Mr. Piercecchi: You said you tried to piggy-back with Ameritech? Is that the one on Eight Mile Road? Mr. Kaminski: That is the one that is off Eight Mile fairly close to Mayfield. Mr. Piercecchi: There is also another tower there. Mr. Kaminski: Further east. Again, that is further out of our area. Even the closest one that is three blocks away would not work for us for the area that we need, and again, that could be further discussed with one of the Sprint personnel here tonight. Mr. Piercecchi: Is there any reason why they can utilize those sites and you can't? My concern is you are going to have towers all over the place. Melanie McKenzie: I work for Sprint Spectrum. (She presented a plan and pointed out the site on the plan) Mr. Piercecchi: You plan on going on the other side of Eight Mile then for some other sites? Ms. McKenzie: Yes we do. Mr. Piercecchi: How far apart would those other two be? Ms. McKenzie: One will be 1.5 miles and the diameter is 3 miles. It will take these 3 sites. Mr. Piercecchi: You obviously have a different type of technology than is currently in use, and you are a new company? 15120 Ms. McKenzie: Yes we do, and yes we are. Mr. Piercecchi: What is different about your technology from theirs? Ms. McKenzie: We are using a digital and our radii is smaller so we need more sites whereas Ameritech has larger coverage. Mr. Piercecchi: Where will that bottom one be located? Ms. McKenzie: Approximately Six Mile Road. Mr. Alanskas: John, do we have a study of all amounts of existing cellular towers in the City that we have at the present time with all companies? Mr. Nagy: We are working on that and it is prepared in draft form. It is near completion. We will have that available for the Commissioners in a week or two. Mr. Alanskas: The problem I have, as one Commissioner, you are saying that you need possibly six and this one needs eight and this one needs ten. We would be a City of towers. That is a big concern Ms. McKenzie: We are building our towers for co-location. We will build them for supportwise for someone else to come on our tower. Mr. Alanskas: What you are saying is you talked about a four mile radius. Within four miles you want to have six of your towers in the City. Ms. McKenzie: That is right but we don't necessarily have to have towers. We can have rooftops Mr. Alanskas: In the back of that lot where you want to put this proposed tower, are you leasing that or did you buy this piece of property? Mr. Kaminski: That is a lease. Mr. Alanskas: How long is your lease? Mr. Kaminski: Each term is for five years, and we can renew up to four times. Mr. Morrow: What is the service you provide in that given area? Do you skip from one to the other? 15121 Ms. McKenzie: Nationwide we are going to be making a PCS, which is similar to cellular but offers more features. We have the whole Michigan area down to Toledo and one half of the UP. Mr. Morrow: I guess what I am saying is what is the service you provide? Ms. McKenzie: Similar to cellular but we offer more features like hand held phone, paging, voice mail. Mr. Morrow: So it is a more intensive use than a normal cellular phone. I share the same concerns, all of a sudden I just visualize like an oil derrick sticking up. You did answer one thing, apparently somebody is going to be mandating co-locations to avoid this. Ms. McKenzie: We are more than happy to have co-locations. Mr. Engebretson: John, didn't the Council recently take some kind of position on co- location in general terms, not just associated with that Whispering Willows tower? Mr. Nagy: There is an ordinance in draft form prepared by the Law Department and submitted to the City Council, which will create a series of standards within the zoning ordinance and one of those standards will be that the tower shall have the ability to take at least two co-locaters *4Nrw in addition to the principal one erecting the tower. It is not in ordinance form yet. Mr. Engebretson: Was it their intent to deal with that ordinance prior to seeing additional towers spring up? Mr. Nagy: I think that is their goal to have that in place as soon as possible. As with the Whispering Willow site, which set some of the guidelines and policies around which this ordinance has been prepared, to be applied to all subsequent towers whether on City-owned property or private sites as well. Mr. Engebretson: Doesn't this tower at the Police Department have co-locating? Mr. Nagy: Yes they do. Mr. Engebretson: Do we have co-locaters? Mr. Nagy: I think Sprint Spectrum is looking at locating on that tower. 15122 Heidi Zimmer, Sprint Spectrum: We have already spoken with Mr. Nagy about co- locating on that tower, and it is my understanding they are first discussing it with AT&T Wireless and then they will discuss it with us. Mr. Engebretson: That is a pretty substantial tower. In fact I think it will handle additional towers over what the City uses there. Ms. McKenzie: I know from our perspective we would be more than happy to co- locating on an existing tower. Mr. Alanskas: You said you could possible go on roof tops. Say it was a 20 foot height of the roof, how high would you have to put the tower? Ms. McKenzie: It would have to be an additional 80 feet roughly. Mr. Morrow: The existing Ameritech tower, do you have any idea the height of that? Someone told me it was 115' or 150'. Mr. Nagy: I would say 115 feet. Mr. Morrow: So it is approximately the same height. As it relates to the adjoining neighbor, I certainly respect his attitude that he has no objection to it but we have to look at as the total City because it does impact the residents that travel that particular corridor. `tr.. Ms. McKenzie: You said the tower was 115 feet. The antenna that is placed 115 feet and according to some guidelines like Nextel, which is a paging company, they sometimes mandate that we are sometimes 20 or 25 feet below that. So we are roughly at 90 feet and that is where we can first begin to put our equipment. So we also take those things into consideration when we are co-locating. I just wanted you to be aware of that. Mr. Morrow: So you could be 80 feet but you might have to go to 100 feet? Ms. McKenzie: That is right. Mr. Piercecchi: John, we have currently two people giving us this type of service. Do either of them, to your knowledge, need any additional towers? Mr. Nagy: All of them do. Mr. Piercecchi: Do you have any idea how many more we are going to have? Maybe this is an item we should table this in order to get a better picture plus 15123 we have a potential ordinance in the mill. I am offering that as a suggestion not as a motion. Ms. McKenzie: The new ordinance would that affect the existing towers? Mr. Engebretson: No. Mr. Piercecchi: We could get a better handle on it. As Mr. Morrow pointed out we look at the entire City, but I am concerned about three in a row on Eight Mile Road. Mr. Alanskas: John, does Sprint have a copy of these four points we would like to have additional information on? Mr. Nagy: No they don't. Mr. Alanskas: I just want to let you know we would like to know four things: 1. Have the adjoining property owners been notified of the location of the proposed tower? 2. What are the distances of the nearest houses in relationship from the tower? Have the property owners been made aware of the proposal? Site Plan needs to be revised to show the relationship of the houses to the tower. 3. What effect would this proposal have on the future development of the Village Green Florist and the surrounding properties? 4. Would the applicant agree to ‘411" posting a bond to cover damages rendered should the tower ever collapse or for cleanup should the site be abandoned? That is information we will need if we table this tonight. Mr. Engebretson: Please be aware you are not being singled out for particularly harsh treatment here. We have never seen any of those towers go through without some considerable dialogue, and compromises and changes made. We have the additional situation that we have right now, that is the pending ordinance. The worse thing we could do, in my mind, would be to push this project through and then see you find the new ordinance making it difficult or very expensive to complete your grid within the City. It would seem to me if you had an overall master plan, based upon what is acceptable to the City, that you would have a much better chance then achieving all your needs both from a technology point of view and an economic point of view. Ms. McKenzie: When do you expect to have this ordinance approved? Mr. Engebretson: It sounds like it is pending. This came about as a result of a proposal that was made to lease some space on a City golf course at Eight Mile and Newburgh within the past number of months, and that proposal 15124 caused all the dialogue that resulted in the ordinance change that is under way. It is quite recent. This ordinance, as Mr. Nagy indicated, ,,r,, apparently is about ready to be released to go through the process of making it a part of the ordinance. Ms. McKenzie: How long will it take? Mr. Nagy: I don't really know. What I think I could do is pursue the matter with the Law Department. Since it is in draft form, maybe I could get them to release a draft copy to you, and maybe then we could process your site plan in anticipation of that being an ordinance of the City of Livonia so you could essentially go through the process so long as you would comply with the standards as drafted. I think then the City fathers would have no problem dealing with it. Then in the likelihood if in the future it becomes the letter of the law, you would be consistent with that. I think maybe that might be the most constructive way we could handle this. Ms. McKenzie: Am I looking at two months, three months? Mr. Nagy: Maybe three to four months. Mr. Engebretson: For the process to be concluded but as far as releasing a copy of that draft, that probably could be done within days or a week. low Mr. Nagy: We could let you know what the guidelines are and maybe with their cooperation we can move it along. Ms. Engebretson: What is your timetable? Ms. McKenzie: You have to ask the property people. Mr. Alanskas: Because once we make a decision here, because of the height of the tower, you have to go to the City Council for approval. Mr. Engebretson: We may have a copy of that proposed lease in our file. While Dave is looking for his copy, I would guess whatever the limitations are, under the circumstances that if relief is needed, it would be very illogical to assume they wouldn't be cooperative. Mr. Morrow: If you were to build this tower tomorrow, would you have customers to use it tomorrow? 15125 Ms. McKenzie: As I said before we obtained the license about a year ago from the FCC. Nationwide we are building them and we also have a testing °•w phase that we have to go through before we actually have to turn it on. Mr. Morrow: When are you trying to go live with this? Ms. McKenzie: December 15 is our date for roughly the Detroit area. Mr. Morrow: And that includes five more in Livonia? Ms. McKenzie: Yes it does. Mr. Morrow: How many? Ms. McKenzie: We will have five more in Livonia. These are in the corridor. Mr. Morrow: How many do you need to develop that corridor between now and December? Ms. McKenzie: Roughly 65. Mr. Morrow: We are trying to be sympathetic. Ms. McKenzie: We have many people working in many different areas. Mr. Morrow: I imagine some are not in areas of congestion as far as population. Ms. McKenzie: Exactly. Mr. Engebretson: Mr. Kaminski did you find that date? If not, we could live without it tonight. Mr. Kaminski: Apparently we have 90 days after the building permit is issued. Mr. Engebretson: As a long time cellular user, I am a little curious about the launching of a new business like this. While I understand the advantages of digital versus analogue, etc., the other applications that can come with it, it just seems to me to be a massive undertaking to be able to provide meaningful service to someone to give up Ameritech or Cellular Ito come over to Sprint to have all these holes. Ms. McKenzie: Our marketing is working with that. They don't necessarily have a contract where you have to sign on for one to two years. Some companies have the phones, they decrease the cost and some are ten 15126 cents a minute. Even though you are going to be suffering"service wise", you will be paying less. Mr. Engebretson: Someone that signs up with Sprint to get their service, if they move into an area that you don't serve, would they go into a roaming mode with one of the other companies? Ms. McKenzie: At the beginning no. The call will be dropped. But we will have that corridor along with 31 other MTAs across the nation. Tonna Osko: I am with Sprint Spectrum as well. I am on the construction site of things. I just want to answer some of the questions that have been raised as well as a draft of some ways we can get these answers in the future. I have been working quite steadily with Farmington Hills. I am a resident as well as a Sprint employee. I am very familiar with what is going on up there. Some of the things we have done for them is we have provided a map so you can anticipate our future needs in your community and be able to address those in your ordinance however you wanted to structure those. We are building all our locations for co- locations wherever possible. We are constructing our towers and engineering them to be able to handle two other co-locaters as well as us, the primary user. Some of the things to keep in mind when we start discussing co-locations, the height that other carriers might be at might not provide what they are trying to accomplish. If we built a 100 foot v"" monopole and somebody else needed a 100 foot, it would not be possible. So that is an issue and one of the things we have to look at when we look at towers like the Ameritech tower a few blocks away. If they are at 115 feet, we have to be 25 feet under what they are, that places us below what our coverage objective is and creates a hole which in turn we would have to place some other type of transmitter in that location. Some of the other things, you mentioned the setback and would we be willing to place a bond. We have engineering letters from all the tower manufacturers that we will be using. These towers are engineered not to topple but collapse in on themselves at a halfway point, and we have photographs and things like that of towers that have had houses leveled around them from a tornado or hurricane and the tower is the only thing standing in the area. It is very, very unlikely that they fall. Usually if they fall, it is because of some catastrophic event not a natural one or a direct hit by a tornado. Some of the other things we are doing for Farmington Hills is supplying engineering letters providing some of the things we do on rooftops, some of the ways we can conceal these. I understand Livonia doesn't have a lot of tall buildings so that may not necessarily be applicable. I might suggest you possibly ask some of the other carriers that you are concerned about for the same type of things that we are willing to do, so you can 15127 factor in their future needs along with ours, and try to adapt your ordinance to meet everyone's needs. We are certainly not asking you 't.w to tailor your ordinance to what we need. We want to keep the community happy and the people in the community happy. Mr. Engebretson: The ordinance sir was launched before we even heard of Sprint Spectrum. Mr. Piercecchi: We generally don't try to restrict any kind of trade. When does it become a point what if six or seven other companies come in and want to do the same thing? When can we draw the line? Is that a legal question? Mr. Nagy: I think it is. Mr. Piercecchi: That is something else we should know Mr. Chairman. Mr. Engebretson: I suspect you are right. I also suspect that it takes billions of dollars to build a network like this. There probably aren't too many people that can consider getting into this business, but the point is well made. I think it is a valid thing to look into. On a motion duly made by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #8-152-96 RESOLVED that, the City Planning Commission does hereby determine to table Permit Application by Sprint Spectrum Limited Partnership for the installation of a cellular tower antenna on property located at 33239 Eight Mile Road in the Northwest 1/4 of Section 3, until date uncertain. Mr. Engebretson, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson:Don't interpret this as our being opposed to what it is you are proposing to do. We are willing to work with you. I think you can understand the concerns that have been raised are valid. We really want to make sure we do it right and obviously this isn't something we just dealt with as a result of your petition. The advent of cellular communications has reached a point where the City Council has taken an action to deal with it. Your timing probably turns out to be excellent because while it may delay you a few weeks, maybe months, you will probably end up better off because of the timing we are dealing with here. We appreciate all the cooperation we have gotten from you. 15128 On a motion duly made, seconded and unanimously adopted, the 729th Regular Meeting & Public Hearings held on August 13, 1996 was adjourned at 9:30 p.m. CITY PLANNING COMMISSION ` r Robert Alanskas, Secretary ATTEST: Q14(,_ Ly)JackEngebretion, Vice Chairman Jg `w