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HomeMy WebLinkAboutPLANNING MINUTES 2008-08-12MINUTES OF THE 9W REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 12, 2008, the City Planning Commission of the City of Livonia held its 967" Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Ashley Vartoogian Carol A. Srriley Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were also present. Chairman Walsh informed the audience that if a petition on tonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome ofthe proceedings tonight. ITEM #1 PETITION 2008-07-08-08 RBS CONSTRUCTION Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2008-07- 08-08 submitted by RBS Construction, Inc., on behalf of Advanced Marketing Partners, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate the exteriors of the commercial buildings located at 27690 and 27700 Joy Road, on property located on the north side of Joy Road between Inkster Road and Cardwell Avenue in the Southeast % of Section 36. August 12, 2008 24926 Mr. Miller: The petitioner is requesting approval to renovate the exteriors of the two commercial buildings located on the north side of Joy Road between Inkster Road and Cardwell Avenue. The main change to the exterior of the structure would take place primarily on the south elevation. This side is the front elevation facing Joy Road. To help create a consistent architectural appearance, a new decorative parapet wall would extend the rootline of the front elevation upward approximately 5 feel. This new parapet would be constructed out of E.I.F.S. (Dryvil) and have a decorative comice along the lop edge. To help distinguish the main entrance at the east end of the building, the parapet wall in this section would be off -set and stepped up another 4 feel in height. The parapet feature would also project out from the building 5 feet creating a uniform overhang over the entire front elevation. The existing brick sections of the front facade would be cleaned and the mortar joints would be re - pointed. Re -pointing is the process of carefully removing deteriorated mortar from the joints of a masonry wall and replacing it with new mortar. New windows and door systems would replace the existing windows and doorframes. The only other side of the structure that would be refurbished would be the west elevation. This side of the building is visible from Cardwell Avenue. The end of the front parapet feature would be evident on this elevation. Also a new roof screening material would be installed to help conceal the existing rooftop mechanical equipment. The existing brick and mortar joints of this elevation would also be cleaned and re -pointed. The remaining elevations (north and east) of the existing building would be cleaned and painted. Proposed site improvements noted on the plans include: (1) the sealing and restriping of the existing asphalt parking lot; (2) the existing brick screen wall behind the building along the north property line would have its cap pulled and replaced and the wall re -pointed and painted; (3) a dumpster enclosure would be assembled behind the building; (4) the existing roofed open hoist on the east side of the building would be removed; (5) the fencing securing the east drive that leads back to the storage building would be replaced with a new composite fence and gate; and (6) one of the existing pole signs, the one near the westerly driveway, would be removed. The plan also notes that all the existing landscaping and amenities are to remain and all existing site lighting would be used. The elevation plan shows a wall sign on the building. If Advanced Marketing Partners occupy the entire structure, they would be allowed one wall sign not to exceed 132 square feel. The wall sign as shown on the building is 62 square feet so it is a conforming sign. That is the extent of the proposal. August 12, 2008 24927 Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated July 17, 2008, which reads as follows: At your request, the Engineering Division has reviewed the above petition. We have no objection to the proposed petition. There are no additional right-0f-way requirements. No legal descriptions were forwarded, however, the parcels as shown agree with the City tax records with the exception that the East property line of the West parcel should be labeled as 160.00 feet rather than 116.00 feet. The site location map is in error. The address of the easterly building is 27690 Joy Road. The addresses of the two westerly units are displayed as 27712 and 27720 Joy Road, although the address of the westerly parcel is 27700 Joy Road. The displayed addresses are appropriate if separate addresses are desired." The letter is signed by Robert J. Schron, P.E., on behalf of the City. The second letter is from the Livonia Fire & Rescue Division, dated July 24, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate the exterior of the existing commercial building on the property located at the above- eferenced location. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated July 11, 2008, which reads as foVows: 'We have reviewed the plans in connection with Advanced Marketing Partners located at 27700 and 27690 Joy Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 4, 2008, which reads as follows: "Pursuant to your request of July 9, 2008, the above- eferenced petition has been reviewed. The following is noted. (1) All regular parking spaces are to be a 10'144de and 207n length and double striped. (2) The weeds growing up in the parking lot at the rear of the building and along the fence lines shall be removed and controlled. (3) The existing parking lot shall be repaired, sealed and re striped as necessary. (4) The number of parking spaces for the proposed use is sufficient. Should the building ever be used for retail sales the number of spaces required would be 43. This would cause a deficiency of 10 spaces, thus without a Zoning Board of Appeals variance the use must remain as it is. (5) Properties should be combined to eliminate firewall requirements between 27690 and 27712. (6) This is an existing non-conforming building. The side yard and rear yard setbacks of 27690 Joy are deficient. This Department has no further objections to this petition." The letter is signed by August 12, 2008 24928 Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the Planning Department before we go to the petitioner? Seeing none, we will go the petitioner. If you could please step forward to the podium, we'll just need to start with your name and address for our record. Joseph Hammond, RBS Construction, Inc., 2250 Genoa Business Park Drive, Suite 100, Brighton, Michigan 48114. Mr. Walsh: Thank you. Is there anything you'd like to add to the presentation thus far? Mr. Hammond: Actually, the only items that were brought up at our work study meeting were the louvers on the east side of the buildings. We had called out for those to initially be painted to match the wall of the building, and one of the commission members asked that we explore finding a brick to match, which we have done. So we will be happy to take that and make that change to the plan as well as in the field. And then secondly, I think Mr. Taormina brought up the fact that the parcel was adjacent to residential at the east. Researching the City's zoning map, we have determined that it is actually C-2 zoning all the way from Cardwell Avenue east to Inkster Road. So we shouldn't have an issue with this being a fence along residential zoning. Mr. Walsh: Are there any questions for Mr. Hammond? Ms. McDermott: Good evening. I have a couple questions. One, I noted when I out there today that currently there's lights on the front of the building and they're broken. I'm assuming since we're fixing that area up, we're going to add some kind of lighting on there or is that not the case? Mr. Hammond: No, there will be down lighting added in the soffit, but it will be directionally down only. Ms. McDermott: Okay. All right. Then also, behind the building, on the western northwest side behind the building, there's a cement ramp that appears to be quite crumbled and in disrepair. Mr. Hammond: That is going to be removed. I thought it was called out that way on the plan. That entire structure will be taken out. There was an old loading unloading ramp for trucks. August 12, 2008 24929 Ms. McDermott: That's good. I'm glad to see that the Inspection Department mentioned the greenery and the weeds and everything that's going to be cleaned up. I'm assuming you're okay with that. Mr. Hammond: Absolutely. Ms. McDermott: Okay. And I'm curious. When I went around the east side of the building to the back, there's an elevated structure. It sits behind there. Not the one where if you drive through, I'm not talking about the one that looks like it might have been an area for something to park under. But it looks like it might have been a little spot for a security person, or is that not on the property? I was confused when I was there if that's on your property. Mr. Hammond: No. That's on the adjoining property. That's on the other side of the masonry wall. So it would be to the residents to the west of that parcel, or to the north of the westerly parcel. Ms. McDermott: Okay. All right. Okay, and then one more thing. I noticed mentioned that the landscaping would remain the same, but there's really not any landscaping. It's just grass. Is there any way maybe we could add a little bit to the front there? Mr. Hammond: Its the right-of-way area. The parking lot extends to the property lines. I guess we were concerned about the amount of parking that we already have, and the fact that if there ever is a change of use, we are coming back before you again. So removing lands or removing parking to put in landscape islands didn't seem sensible. If I can put a couple of trees in your right - of way, I have no problem with that. Mr. Taormina: If I can respond to that, Mr. Chair. Mr. Walsh: Please. Mr. Taormina: That is something that we were going to suggest this evening. Rather than try to eliminate any of parking spaces in favor of additional landscaping, because they are shy on parking, is instead to make certain improvements within the right -of way. So if he's willing to do that, we can work with our Public Services Division for some kind of planting within the right-of- way area. I think that would be a substantial benefit. There are some other areas along the west side of the property where some bumper blocks are dismantled. Some of them are even in the sidewalk blocking the sidewalk. Mr. Hammond: That will all be cleaned up. The plan was to completely reseal the parking lot and re -stripe it. The owner and I have even been August 12, 2008 24930 discussing repaving the entire lot. So all of that will be cleaned up at that lime. Mr. Taormina: That would be great. We can modify any resolution of approval to include a condition relative to landscaping within the right-of- way. Ms. McDermott: That would be great. And then one more thing, the brick wall (hats in the back that we're talking about pulling the cap off and foxing. Are we pretty comfortable that we can make that look nice the way it is without totally redoing it? Mr. Hammond: I think so. I dont think that the brick has deteriorated at all. The stone cap clearly is and (hats whafs showing all the abuse. I guess it would be partly kids on lop of it, etc. So I have no problem. In fad, that was on the plan that we intended to remove the cap and replace the cap. I think that will help immensely. Ms. McDermott: Okay. Thank you. Mr. Walsh: Are there any additional questions or comments? Mr. Wilshaw: Just one brief question to the Planning Department if I may. Typically, we ask that the dumpster enclosure be of similar material to the building. As the plan appears, it looks like ifs a slated material of some sort. Does that fit within the character of the building or is that acceptable? Mr. Taormina: Are you talking about the gates? Mr. Wilshaw: No, the enclosure itself. Mr. Taormina: I would say any type of masonry enclosure would suffice. Its already going to be blocked on two sides. So all he really has to provide for is a masonry wall on the south side and that would complete it. Mr. Wilshaw: Does that seem reasonable to you? Mr. Hammond: Well, we weren't planning on cutting any of that asphalt and putting foundations in which would be required for a masonry enclosure. There is nothing there now. Okay? Mr. Wilshaw: Right. Mr. Hammond: We were putting that structure up because we could utilize the existing surface that is there. It is hidden. With the exception of August 12, 2008 24931 driving north on Cardwell, you're never going to see that. So, we just figured that 8 would be acceptable using a board on board endosure. If you want, I'll use the same vinyl material we're using on the east side of the building, if that's acceptable to you. Mr. Taormina: That would probably be acceptable. We'll tum to the Inspection Department. But he's correct. It's not a visible loca0on. So we could probably get away with some other type of material to avoid the need to put in a foo0ng or a foundation there, and that would work. Mr. Wilshaw: Okay. That seems reasonable to me as well. I do want to say that I appreciate you looking at briding in those screens that are on the side of the building. I really do appreciate that, and I do appreciate the fact that you have responded to all our questions in a positive way and you're willing to accommodate our requests. Mr. Hammond: You're welcome. Mr. Wilshaw: Thank you. Mr. Walsh: Are there any addi0onal ques0ons or comments? Seeing none, we have a very light crowd here tonight. It's all petitioners. So I think we can move straight on to a resolution. On a motion by Wilshaw, seconded by Morrow, and unanimously adopted, it was #08-65-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008-07-08-08 submitted by RBS Construction, Inc., on behalf of Advanced Marke0ng Partners, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate the exteriors of the commercial buildings located at 27690 and 27700 Joy Road, on property located on the north side of Joy Road between Inkster Road and Cardwell Avenue in the Southeast % of Section 36, be approved subject to the following conditions: 1. That the Site Plan marked Sheet No. SP -1 dated July 7, 2008, prepared by RBS Construction, Inc., is hereby approved and shall be adhered to; 2. Thatthe Exterior Building Elevation Plan marked Sheet No. A-10 dated July 7, 2008, prepared by RBS Construction, Inc., is hereby approved and shall be adhered to; August 12, 2008 24932 3. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 4. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of steel construction or durable, long-lasting fiberglass and maintained and when not in use closed at all times; 5. That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated August 4, 2008; 6. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 7. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 9. That landscaping shall be added to the road rights-of-way at the direction of the Planning Department and subject to approval of the Department of Public Services; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period. Mr. Walsh: Is there any discussion? Mr. Taormina: If we might consider adding a condition that landscaping shall be added to the road rights-of-way at the direction of the Planning Department. Mr. Walsh: Is that acceptable to Mr. Wilshaw and Mr. Morrow? Then it is so amended. Ms. McDermott? Ms. McDermott That was actually my comment. Thank you. August 12, 2008 24933 Mr. Walsh: Are there any additional questions or comments? Mr. Morrow: Just a comment to the petitioner. Any time a site is redeveloped and makes it a good addition to the City and Joy Road, I just want to thank you for the development. Mr. Hammond: Thank you. Mr. Walsh, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETITION 2008-02-02-07 LAURELPOINTE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 02-02-07 submitted by Laurel Pointe L.L.C. requesting approval of a landscape plan as required by CR #168-08 in connection with a proposal to remodel the exterior, add outdoor sealing, and increase the total seating capacity of the restaurant (Buffalo Wild Wings) at 17050 Laurel Park Drive South, located on the east side of Laurel Park Drive South between Six Mile Road and Professional Center Drive in the Northeast one-quarter of Section 18. Mr. Miller: On April 16, 2008, the petitioner received waiver use approval (CR #168-08) to remodel the exterior, add outdoor seating, and increase the total seating capacity of the existing restaurant (proposed to become Buffalo Wild Wings) located on the east side of Laurel Park Drive South between Six Mile Road and Professional Center Drive. As part of the approval, it was conditioned that a fully detailed landscape plan for the landscaped berm adjacent to the Six Mile Road right-of-way line, including a cross-sectional profile plan for the proposed lowering of the berm, shall be submitted for review and approval by the Planning Commission and City Council. On June 30, 2008, a landscape plan was submitted. The following list of proposed changes to the subject site are construed from a letter dated June 23, 2008, that was submitted with the proposed landscape plan. (1) The planting areas around the existing ground signs for both the Laurel Pointe building and the Buffalo Wild Wings restaurant would be slightly expanded towards Six Mile Road with ornamental grass and spreading carpel rose. (2) Fifteen Junipers would be planted around the edge of the outside patio of the restaurant to help screen the dining area August 12, 2008 24934 from the surrounding parking lot and the adjacent neighborhood. (3) Four ornamental deciduous trees (Serviceberry) would be planted behind the restaurant along the right-of-way of Professional Center Drive. (4) Two deciduous type trees (American Hombeam) would be planted on the two sides of the drive off Professional Center Drive. (5) To help make the eastern drive off Six Mile Road more inviting, the existing earthberm in that area would be tapered and graded down. The height of the bene would be similar to the grading height and tapering at the other end of the berm near Laurel Park Drive. (6) To help better relate the two ends of the bene and provide safe walkup access to the property, a sidewalk, mirroring the one at the west flank of the berm, would be added along the eastern section of the new tapered berm. (7) Because of the grading of the berm, five existing pine trees would have to be removed. In their place, two new deciduous trees (Littleleaf Linden) would be planted. That's basically the extent of the landscape plan. Mr. Walsh: Thank you. Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated August 4, 2008, which reads as follows: "Pursuant to your request of July 3, 2008, the above -referenced petition has been reviewed. The following is noted. All existing and proposed landscaped areas should have a functioning irrigation system installed. This should be detailed to the Commission and Council's satisfaction. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners? Seeing none, we will go the petitioner. Good evening. Sharon A. Ulmer, Laurel Point L.L.C., 37699 Six Mile Road, Suite 220, Livonia, Michigan 48152. Good evening. Mr. Walsh: Thank you. Is there anything you'd like to add to the presentation thus far? Ms. Ulmer: I just would like to point out that the prior use of this building was a Ground Round, and on the eastern end of the building, it was the back corner of the restaurant. When we negotiated a lease with Buffalo Wild Wings, restaurants today are smaller and don't take up as much room, so we put in a jewelry on the eastern end of the building. In order to do that, we're greatly renovating that end of the building. We're doing a lot of improvements to that end, including a clock. I brought along a August 12, 2008 24935 copy of the elevation because it was included in our site plan approval, our waiver use approval, but it's not in this landscaping. I think it's important to see that. I can pass that out. What we're trying to do is create an entrance. Instead of having this curb cul be a back entrance to a restaurant, it's now an entrance to a destination jewelry store. That's one of the reasons we're putting the sidewalk in so that pedestrian traffic can gel into the center and just have that view. I think it will be a much better view. If you'd like, can I pass that out? Mr. Walsh: If you hand them to Mr. Miller, he'll make sure we see them. While that's coming along, are there any questions for the petitioner? We'll lake a look at this and see if there are any questions. Are there any questions for the petitioner? Mr. Wilshaw: I appreciate the perspective elevation drawings that you provided to us. That does help me a lot in understanding tie tapering of this bene. At this point, I feel comfortable that the tapering of the berm on that side is complementary to the other side and does seem to be a good thing. The question I have, though, is some of the trees that are currently there that are going to be removed are pretty nice trees. Is there any opportunity that you would have or potential for replacing the trees that are going to be removed closer to the proposed sidewalk? Ms. Ulmer: Are you talking about the new trees that are going to be planted? You would like them planted closer to the sidewalk? Mr. Wilshaw: No. The new trees are fine. I'm just saying additional trees, other than those two that are proposed to be on that side. Ms. Ulmer: Well, in laking a look at our neighbors on either side, I also took some pictures. If you start at Six Mile Road and you head down to 275, down Six Mile Road from 275 to Newburgh, you pass, first of all, the Best Western Motel, which has no berm and doesn't have any trees on it. Then you hit the Red Robin who has four small crablrees but no berm. Then you have our property which right now, we have a berth. The majority of that berm, the height of that berm, would remain in place and we have seven trees. We proposed four trees and the trade-off there. What we thought we would do is enhance the garden area to increase the beauty from the street with annuals, flowering bushes, that type of thing. So past our property then you hit the Evangelista office building, and they have two small trees. They do have a berm. They have two small trees at the curb cul and then there's a coif of a couple trees at the property line. Then you hit Walgreens and there's no berth and no trees. August 12, 2008 24936 We felt that our plan was pretty consistent with our neighbors. I have some pictures detailing this too. Mr. Wilshaw: This was a follow-up question that would be to the Planning Department if they feel that the landscaping provided on this berm is adequate based on their professional experience. Mr. Taormina: There's wel over 400 feet of frontage between the two properties with four trees. Typically, with new developments we like to see a little higher concentration of trees. The little leaf Linden trees they're proposing to add don't really pose much of an obstruction to the retail building. So the Planning Department staff would recommend that some of the same trees be provided along the right -0f way to replace the several pine trees that will be removed. Mr. Wilshaw: Okay. Thank you. That's kind of the feeling I had. I can understand where you're coming from based on the landscaping that your neighbors have, but you do have a very long berth there, and certainly a lot of opportunity to put in some more ornamental trees and so on. So I offer that just as a suggestion for you to think about. The other question I had for you is unrelated to this landscaping if the Chair will indulge me. The building is pretty much gone at this point. Was that part of the original plan to completely demolish the building or is that a consequence of once you got into it? Ms. Ulmer: Well, when you start renovations, some things don't always go the way you expect. We had planned to take the majority of the roof off, which you saw come off. We had planned to save the cultured stone, okay, and up until last weekend, we had planned to save even more of the cultured stone but part of it fell down. So you know, there's more down every time I drive in there. Every time I drive to work I'm thinking, what else is going to be gone. I'm told that's part of when you take an old building, you don't know what you're going to gel. Mr. Wilshaw: Sure. I just asked that because I drive by it regularly and I've been seeing the same things you do. Wow, pieces of walls lett is about it, but I'm sure in the end it's going to be a very nice facility and I look forward to seeing it open. Thank you. Ms. Ulmer: Thank you. Mr. Walsh: Are there any otherquestions? Mr. Morrow: The only thing I would add to what Mr. Wilshaw said is, as you develop the new plantings, I wouldn't want anything to be August 12, 2008 24937 planted such as to prevent the view of the new jewelry store from the road. If you're willing to add a few more trees or whatever you determine, I wouldn't like to see it planted in such a way as to obstruct loo much of the new jewelry store. Secondly, could you tell me a little bit more about these annuals you plan on planting and where they would be? Ms. Ulmer: They're around the sign. If you drive by the office retail building sign right now, we're basically laking and duplicating that around the restaurant monument sign, plus to both sides we're bringing the garden bed down towards the sidewalk. We're pulling in flowering carpel rows and ornamental grasses. Mr. Morrow: I know those look very nice. I'm pleased to hear that you're doing some of that color work along the bene there. Thank you. Mr. Walsh: Are there any additional questions or comments? Thank you, ma'am, for being here tonight. I don't believe there is anybody in the audience to speak on this item. Again, just petitioners in the audience this evening. With that, we would go on to a resolution. Mr. Morrow: I'll offer an approving resolution. The first one refers to the Landscape Plan marked Drawing No. 1 dated June 24, 2008, as revised. I would like that revised to work in those trees that we indicated. On a motion by Morrow, seconded by Vartoogian, and unanimously adopted, it was #08-66-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008-02-02-07 submitted by Laurel Pointe L.L.C. requesting approval of a landscape plan as required by Council Resolution #168-08 in connection with a proposal to remodel the exterior, add outdoor seating, and increase the total seating capacity of the restaurant (Buffalo Wild Wings) at 17050 Laurel Park Drive South, located on the east side of Laurel Park Drive South between Six Mile Road and Professional Center Drive in the Northeast 114 of Section 18, be approved subject tothe following conditions: 1. That the Landscape Plan marked Drawing No. 1 dated June 24, 2008, as revised, prepared by 3-D Design Group, is hereby approved and shall be adhered to, subject to additional trees being planted along the Six Mile Road frontage at the direction of the Planning Department; August 12, 2008 24938 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 3. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; and 4. That all other conditions imposed by Council Resolution #168-08, which granted approval to remodel the exterior, add outdoor seating, and increase the total sealing capacity of the existing restaurant, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2006-03-08-07 GENERAL PROPERTIES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 03-08-07 submitted by General Properties Company, L.L.C., on behalf of Sunset View Site Condominiums, which previously received approval by the City Council on April 26, 2006 (CR #186-06) and a one-year extension on June 18, 2007 (CR #289- 07), requesting a two-year extension of the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development on property located at 30250 Modock Street, on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue in the Northwest I/ of Section 2. Mr. Miller: The petitioner is requesting a two-year extension of the approvals granted in connection with the development of the Sunset View Site Condominiums. City Council approved the Master Deed, bylaws and site plan of the development on April 26, 2006 (CR #186-06). This property is located on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue. Sunset View would be made up of 10 lots or units, all fronting on Sunset Avenue. On June 18, 2007 a one-year extension of said approvals was granted (CR # 289-07). In the recent request letter dated June 30, 2008, the petitioner explains: 'The Michigan economy is poor, especially for real August 12, 2008 24939 estate. The opportunity to develop the site successfully requires that we need at least a two year extension." That's the extent of the proposal. Mr. Walsh: Is there any correspondence, Mr. Taormina? Mr. Taormina: I'll just note that we received one letter of objection from Esma Elmazaj, dated August 12, 2008, at 20218 Sunset Street. Each of the Commissioners should have a copy of that email correspondence in your packet. Mr. Walsh: Thank you. Are there any questions from the Commissioners? Seeing none, we'll go to Mr. Schubiner. Good evening. Elliott Schubiner, General Properties Co., LLC, Box 250966, West Bloomfield, Michigan 48325. Good evening, ladies and gentlemen. I would certainly welcome the opportunity to be able to gel a two-year extension, but if we could gel a five-year extension, I think it would be more apropos. The Michigan economy is not going to change in our opinion for a minimum of five to 10 years. The question is, will there be some isolated situations perhaps that might be able to be developed and sold? Yes, but its very, very, in our location, particularly, I think, its doubtful. I hale to be the voice of doom and gloom, but our apartment business is so bad that its been frightening. People are just leaving, unfortunately, for whatever reason, out of work, doubling up with their brothers and sisters and going home to mama and being fired, as we had two today. Its really quite sad. The opportunity for new construction, I think, is minimal in my opinion. Not that there aren't new properties being built and sold, but I don't believe that in our humble opinion that it is the right thing to do right now, other than to postpone. If you can and if you can see your way clear to do that, we would appreciate it very much. Mr. Walsh: Are there any questions from the Commissioners? Thank you, sir, for being here. There are no remaining members of the audience, so a motion would be in order at this time. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #08-67-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-03-08-07 submitted by General Properties Company, L.L.C., on behalf of Sunset View Site Condominiums, which previously received approval by the City Council on April 26, 2006 (Council Resolution #186-06) and a one-year extension on June 18, 2007 (Council Resolution #289-07), requesting a two-year August 12, 2008 24940 extension of the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development on property located at 30250 Morlock Street, on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue in the Northwest''/. of Section 2, be approved, as amended, subject to the following conditions: 1. That the request for a second extension of Site Plan Approval by General Properties Company, in connection with Sunset View Site Condominiums, in a letter dated June 30, 2008, is hereby approved, as amended, for a one-year period; and 2. That all conditions imposed by Council Resolution #186-06 in connection with Petition 2006-03-08-07, which approved the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing condition. Mr. Walsh: Is there any discussion? Mr. Morrow: The only comment I would make, I know Mr. Schubiner asked for a two year extension, but it's pretty much been this bodys practice to extend it for one year. Perhaps you'll have better luck at the Council level, but our approval will be for only one year. Mr. Walsh: I think you made a good argument today. I'm going to support the one year extension that's on the table. I think we're inclined by history to do that, but I think the news you've given us is known to all of us. So perhaps it's something we'll have to start considering as we move forward. Thank you for being here. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 APPROVAL OF MINUTES 966th Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 966"' Public Hearings and Regular Meeting held on July 22, 2008. August 12, 2008 24941 On a motion by Vartoogian, seconded by Smiley, and unanimously adopted, 8 was #08-68-2008 RESOLVED, that the Minutes of 966" Public Hearings and Regular Meeting held by the Planning Commission on July 22, 2008, are hereby approved. A roll call vote on the foregoing resolu0on resulted in the following: AYES: Vartoogian, Smiley, McDermott, Morrow, Scheel, Wilshaw, Walsh NAYS: None ABSENT: None ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 967" Regular Meeting held on August 12, 2008, was adjourned at 7:40 p.m. ATTEST: John Walsh, Chairman CITY PLANNING COMMISSION Carol A. Smiley, Secretary