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HomeMy WebLinkAboutPLANNING MINUTES 2001-02-1318297 MINUTES OF THE 819n REGULARMEETING HELD BY THE CITY PLANNING COMMLSSION OF THE CITY OF LIVONIA On Tuesday, February 13, 2001, the City Planning Commission of the City of Livonia held its 819'v Regular Meeting in the Livonia City Hall, 33000 Civic Cent Drive, Livonia, Michigan. Mr. James C. McCarn, Chairman, called the meeting to order A 7:30 p.m Members present: James C. McCam Robert Alamkas Dan Piercecchi William LaPme *Elaine Koms H G. Shane Members absent: None Messrs. *Mark Taormina, Planning Director, AI Nowak, Planner IV, Scott Miller, Planner II and Bill Poppenger, Planner I were also present Chairman Mc Cam informed the audience that if a petition m noughts agenda involves a rezoning request this Commission makes arecomumendatim to the City Council who, in tam, will hold its own public hearing and will make the final detemtinatim as to whether a petition is approved or denied. The Planning Commissim holds the only public hearing m a request for preliminary plat and/or vacating petition The CommtissimYs recommendation is forwarded to the City Council for the final detemtination as to whether a plat is accepted or rejected. If a petition requesting a waiver of ase or site plan is denied tonight the pethimer 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 adoprm. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not use depending on the outcome of the proceedings tonight We will begin with the Miscellaneoas Site Plans for our agenda Before we begin, we have received two letters requesting to be tabled to later dates, me is a letter from Steven J. Schafer, dated February 13, 2001, which reads as follows: 'Due m the fact our Zoning issue was not removed from Committee As A Whole, we will not he present out site plan this evening. HopefuIIy we will resolve any issues and move forward with ourpmject in a timely manner. Ifyou have any questions or concerns, please feelfree m contact me at my office." So azryme here m the Ardmore parcel tonight we will be waiting until the zmmg gets through so we will know what type of zoning the Council will eventually determine the zmmg that belongs there and further, the issue of the Pending Hem 46 White Castle Systemm, Inc., they have asked that their item be tabled until Apri13, 2001. ITEM #1 PETITION 83-02-02-04 Heritage Commons Office Center Mr. Piercecchi, Acting Secretary, announced the fast item m the agenda is Petition 83-02-02- 04 Heritage Commons Office Center requesting to amend a condition of site plan approval in order to permit outside storage of wish for the office complex located at 14600 Fammington Road in the N.W. 1/4 of Section 22. 18298 Mr. Miller This site is located on the east side ofPamnington between Lyndon and Five Mile Road. This office complex is located just south of the Civic Center Area and directly across the street from the Time Warner facility. This development received waiver use approval on February 22, 1984. As part of that approval it was conditioned: There shall be no outdoor storage of traph or dumpsters and that there shall be internal trash handling. The petitioner would like to have the above condition removed and is requesting percussion to conslroct two enclose Dash dumpster areas within the Heritage Comments Office complex's parking lot In a letter dated November 8, 2000 the petitioner explains that for the past fifteen years the tenants of the office complex have been placing then rubbish all on the comer of Lyndon and Famungfon every Monday for pickup. Ibis has created an unsightly condition and is in constant need of policing. They feel it would not only be in then best unterest to have onsite dumpsters, but also the City's. The submitted Site Plan shows that one of the dumpster areas would be located next to the northeast comer of the site, which is immediately adjacent to the Civic Center Fire Station. The other is proposed along the east property line, between the two office buildings that are closestto the southernmost driveway of the development The letter explains that the dumpster areas would have 6 I high concrete walls and would be emptied once a week. No details of the construction of the enclosures have been submitted at this time. Mr. McCann: Is there any correspondence? Mr. Nowak We have eve itent of correspondence. It is a letter but the Inspection Deparhn®t, dated February 5, 2001, which reads as follows: "Pursuant to your request of January 31, 2001, the above referenced petition has been reviewed. The following zs noted (1) This Petitioner needs to complete the required landscape maiN nance and restoration in progress. (2) The Petition does not specify style ofconcrete wallor type ofgats. These nems should be clarified The details, such as footings, etc willbe reviewed at time ofpermit application and plan review. This Deparbnent has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director ofInspection. Ibat is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Sohn Dino, 3276 Coolidge, Royal Oak We have submitted a plan which has been approved by the Mayor and by the Budding Department It is going to be made out of poured concrete walls, which will look like brick a brick facing. It will be 10' x 10'. Mr. McCann: Can you tell us the reed fm this du mpster. Can you no longer handle internal compaction? Mr. Dinzv: That is right and we have to police the Imants because we deal want the garbage on Lyndon or Farmington Road noisome Mr. McCann: Are there any questions from the Commissioners? 18299 Mr. Iapive: Everybody in this complex right now takes their garbage out to Lyndon and leaves it there. Correct? Mr. Dinar: Right Mr. Lapin: Which leaves me to believe that each individual tenant has a hash compactor in their office and they hold corm that trash for one week? Mr. Dinar: Right Mr. Lapin: Do those businesses have that much garbage that they coal handle A in then office for one week? Mr. Dinar: No. It is more of a problem when it all gets piled up. Mr. Lapin: I can understand that What I am getting at is, why coal wejust put one large dumpster m. Then. everybody takes their garbage out to the dumpster one a week, the day it is going to be picked up. You have to have a private company pick up the dumpster instead ofhaving the two dimrpsters and putting it out there everyday? Because, from my experience, what is going to happen, half of that garbage is not going to get in that dumpster. It is going to be lying around the dumpster and if they cant get into the dumpster only once a week, they are not changing anything. They are still keeping their garbage in their office except they wool have to walk as far because for example, the last budding will have a long way to walk If they go to the one dumpster, they dump A in once a week. Make sure you only open it up once a week and we get away with one dumpster and still not have all the garbage out there for a whole week Is that a possibility? Mr. Dinar: The reason r wanted two is because of the size of the complex and we want less garbage to be left out Mr. Lapin: But right now you are not putting it out correct? Everybody keeps their garbage inside thein offices until the day they put it outside. Right? Mr. Dinar: Right Mr. Lapin: It wouldn't operate any differently than the way I am talking. They would keep theh garbage in their office and then one a week wbenever the company that you are going to hive would come by once a week You would inform all of your tenants and the day before they would put their stuff in the garbage and then we only have it out there for one day. Mr. Dinar: Right The only problem is thattheselmauts put thengarbage outbytheir door. Mr. Lapin: So what you are belling me now is that they dont have compactors in their offices? 18300 Mr. Dinzv: Right Mr. LaPine: They put it outside then doors? Mr. Dinzv: Right Mr. McCann: I assume you will have the dnmpster emptied more than once a week? Mr. Dean: Yes. Mr. Piemecchi: You will be putting the trash nm those dnmpsters day by day, day after day? Mr. Dinah: Right Mr. Piemecchi: You mentioned something about the walls aroundthat It is customary that the walls around the du mpster are the same as the brick on the buildings. Mr. Dinah: Itwill be. Mr. Piemerchi: You had stated earlier that you were going to use a cast there. Mr. Dinah: Right Mr. Piemecchi: But that is generally whatwe specify and it looks much better that way. Mr. Dinah: Yes, it does. Mr. McCann: If there are no further questions from the Commissioners, I will go to the audience. Is there anybody in the audience who wishes to speak for or against this petition? Seeing no one, I m going to close the hearing. A motion is in order. *Mrs. Koons arrived (7:40 p.m.). On a motion by Mr. Alanskas, seconded by Mr. Sbane and approved it was #2-19-2001 RESOLVED that, the City Planning Commissim does hereby recommend to the City Council that Petition 83-02-02-04 Heritage Commons Office Center requesting to mend a condition of waiver use approval grated February 22, 1984 in order to permit outside storage of hash for the office complex located at 14600 Famnington Road in the N.W. 1/4 of Sectim 22, be approved subject to the following conditions: 1. That the request by Heritage Commons Office Center, LLC In permit onsite dumpsters for outside storage oftrasb, as shown an the Site Plan received by the Planning Commission on January 25, 2001, is hereby approved and shall be adhered to; 18301 2. That the three walls of both trash dumpster areas shall be constructed out of the same brick used in the construction of the office buildings and the enclosure gates shall be maintained and wben not in use, closed at all times; 3. That all disturbed lawn areas shall be sodded in lieu ofbydroseeding; 4. That the petitioner shall correct to the Inspection Deparhnent's satisfaction the following site deficiency as Mined in the correspondence dated February 5, 2001: that the petitioner shall complete the required landscape maintenance and restoration for the entre site 5. That all other conditions and requirements, as set bath in Council Resolution #152-84, shall be adhered ha 6. That the specific plans referenced in this approving resolution shall be submitted In the Inspection Deparhnent at the tie the balding Ferrous are applied for. A roll call vole was taken with the following result AYES: LaPlne, Piercecchi, Alanskas, Sbane, McCann NAYS: Now ABSTAIN: Koons Mr. McCann, Chairman, declared the motion carred and the foregoing resolution adopted It Will go on to City Ccund with an approving resolution. ITEM #2 PETITION 2001-01-08-04 Bill Brom Ford Mr. Piercecchi, Secretary, announced the nest item on the agenda is Petition 2001-01-08-04 by Bill Brown Ford, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition to the auto dealership located at 32222 Plymouth Road in the S.P. 1/4 of Section 27. Mr. Mille: The site is located on the northeast comer ofPlvmouth and Hubbard The petitioner is requesting approval to construct an addition to the existing auto dealership on the subject site. The new addition would be utilized as a service reception area and customer lounge. The new addition would be added no to the rear of the building that presently houses the dealership's service area The proposed addition would be approximately 6,654 sq. ft in size. The Floor Plan shows that the new addition would have two (2) quick oil change wells, six (6) auto service hoists and a truck service area. The petitioner has explained that the proposed addition would be utilized as a transition area Customers would drive 18302 in, explain their problem and if need be, the vehicle could be hoisted up and examined Once examined, the vehicle would either be quickly fixed or, if in need of extensive service, moved to a regular service bay. According to the petitioner, the longest a vehicle would be worked on in this area would be about a half day. Even though this reception area is suppose to be for easy and quick jobs, the repair bays are calculated in the following parking summary. Parking required parking is 2 spaces for each repair bay+ 1 space per employee, 2 x 62 repair bays+ 53 employees, 124 + 53 = 177 spaces. Parking provided is 204 spaces. A note on the plan starts that `AII parking is exsNng. No additional parking will be proposed at this three." A note on the Landscape Plan is similar to the parking note hand an the Site Plan. It sbtes, "All landscaping is existing. No additional landscaping willbe proposed at this time." Required landscaping is not less than 15% of the total site. Landscaping provided is 3% of the site. The Building Elevation Plan shows that the new addition would be constructed out of block that would match the existing bolding. The section of the building where the proposed addition would be corrected is a masonry block painted a taupe color. The east elevation would have three (3) overhead doors, the west elevation would have four (4) and the north elevation would have five (5). Because the existing building is deficient in front and side yard setbacks and the Zoning Ordinance prohibits adding on to a nmuconfrinnng bolding, the petitioner would have to be granted a variance from the Zoning Board of Appeals. Mr. McCain: Is there any correspondence? Mr. Nowak There are three items of correspondence. The first ib is fr®the Livonia Fire & Rescue, dated January 29, 2001, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct an addition to the auto dealership kn atedon property locatedaf the above refereaxuladdress. Wehavenoobjectionstothisproposed" Theletteris signed by James E Corcoran, Fire Marshal The second itern is from the Engineering Divisioq dated January 29, 2001, which reads as follows: "Pursuant to your request, the Engmeermg Division has reviewed the above referencedpention. The Engineering Division has no objections to the proposal at this franc, and a not aware ofacy ordinances that will be affected by the proposed construction except for the long standing deficiencies in bufldkngsef-backfromproperty lines to adjacent streets. We Nast Poet this will provide you with the information requested" The letter is signed by David Lear, P.E, Civil Engineer. The ffiH letter is from the lmpectim Department, dated February 5, 2001, which reads as follows: "Pursuant to your request of January 23, 2001, the above referenced petition has been reviewed The following is noted: (1) This nonconforming site will need at least the following variances from the Zoning Board of Appeals. (a) Nonconforming building-defcient front and side yards sethacks. Previous zoning grants 9501-02(M7195), 8704-156 (9/1/87) front yard zero provided, 100 required, 18303 side yard 7provided, 60 requested (b) Deficient parking spaces By its own calculations petitioner is deficient 37 spaces. (1) Parking spaces within rightof-way, not allowed-hventy-hvo. (2) Public sidewalk has a parking space on it and also a step, which is not allowed Also vehicles may outgo backward over arty public sidewalk (c) Landscaping deficiency. Previous grant 8709-156(9111" required 15%, existing 8% (per previous figures) 7% deficient. (d) No required off street loading space. None noted on plan. (e) No vehicle display is allowed in either pont or side yards: Petitioner has at least 66 spaces proposed along Plymouth Road, east interior lot fine, and northside yard. (2) An awning on the east elevation at the rear is in a state oftotaldisrepair. (3) Barrierpeelaccessthle deficiencies willbe addressed at time ofphin review, should the projeetproceed (4) Petition does not address double striping ofspaces nor sire ofspaces. (5) Pet4ion does not address current usage ofspaceproposed for new addition Thu Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. We have a letter been the Division of police, dand February 6, 2001, which reads as follows: "We have reviewed the proposed site plan in connection with a builoop eakhtion. Orr calculations indicate thefollowmgparlang spaces me required: FmservicestaIIs-106 spaces; Employee parking -plans indicate 53 employees, Service center - 52 spaces,' business area -30 spaces; Total spaces required -241 (based upon 53 employees) 8 spaces being handicap parking. The handicap spaces most be individually posted per Coy Ordinance. Should there be more employees than the 53, addidonalparking should be taken from the 198 new car display parking spaces It is our understanding that new car deliveries continue to be off loaded on Hubbard Road north of Plymouth Road The parking ofear haulers along the curb creates congestion as other motorists travel this route. Perhaps the Plaimmg Commission could asset Blllitrown Ford m fndng a solution to the practice dm mg the review process for this site plan" The lett is signed by Wesley McKee, Sergeant, Traffic Bureau That is the exert of the correspondence. Mr. McCann: Is the petitioner here this evening? Jeff Roth, Roth & Associates, 554 E. Maple, Troy. We are the architectural firm that prepared Poe siteplan Bob Gurgle, 32222 Plyna uth Road, Livonia Mr. McCain: Take us through a presentation of what you are trying to do with tNs,briefly. We would like to know why you are pulling it there, where the parking is going to be for the customers coming in to use the service department and how the flow is going to be and what the future plans are for the buildings aramd it Mr. Roth The gentleman covered it pretty well. What we are attempting to do here is to make a more accommodating customer reception center for our customers and to powide additional "wfide you wait" service for the same customer. We intend to do that by enlarging that particular facility to one that wdl accommodate our people. 18304 Mr. McCann What about the building to the west, the hump and paint shop? Mr. Gurnigle: That is the body shop. We are going to locate the body shop to the Terrace Theater property. We are going to move some heavy repay to that building and also some parts storage. It would become a very integral part of the operation Mr. McCain: Codd you address any of Sgt McKee's concerns regarding the loading and unloading of vehicles on Hubbard? Mr. Gunnigle: TLatis the fvstI haveheard of that Certainly, we will take alook at that Mr. Shane: Within the area that you are proposing a new building, a site vistt tells me that there are a lot of cars parked there on a daily basis. Mr. Gu unigle: Fxactly. We use that for a newvebicle delivery area right now. What we are going to do with that is we are going to move that area back across this landscaping here. We will be using this area at here for new vehicle deliveries so we will be taking some of our new vehicle display out to accommodate customer service. Mr. LaPme: You say the area now that is the bump shop, that is moving down to the Terrace Theater. Did I understand you that you are going to start mowing heavy equrpmnt in there? Mr. Gunnigle: It is engine and lransvussion repay. Wewilltakeitoutoftleexistingmain shop and put it in this area over here and also put some bilk parts storage there. Mr. LaPive: One of the problems I have is the way your service area is set up. If a person comes m there, my wife brings her car there and I drive over there with her m my car so I can drive her home. There is never any place to park out there. You are taking up some of that area for parking. You have right near there your parts storage for people from different garages to pick up parts and things like that There is never any parking available and you are taking parking away from that area. Where is that parking going to be now for people who are coming in there to pick up their wife's cat! Mr. Gunnigle: That's a good question What is going to happen here is the area where this budding is going was for new vehicle delivery so there was no customer parking there. That is not a loss. What we are going to do is take the parking that is north oft is greenbelt here and convert that to customer parking. There will never be arty customer track around the body shop now and that could account for 10 or 15 vehicles there at any one time. People bringing their vehicles in or picking them up so all ofihat body shop traffic will go away from there. We'd watch this and monitor this. If we need to, we will bring some customer puking over in this area also. 18305 Mr. LaPine: Bill Brawn bas been there for many years, as long as I have been in the City You have added on and added on to the budding where it is seems hike you would have been better offbuying the George Bums Theater area and budding a whole new dealership there, starting from scratch. Is this going to be the las[ addition we are going to see on this location? Mr. Gumigle: I can never say never. I would say it is a good bet We think this will pretty well wrap thus location up. Itis going to be a pretty nice facility. Mr. LaPine: When you move all of your cars from the George Bums area, you are going to naturally have some of those cars go to the Hubbard Plymouth area besides the Terrace areabecause you arenot going hrhave enough room Idon'tkmw how many cars you stockpile but you have a lot of vehicles m those two locations and I amjust worrying about if we are going to get a lot traffic there on Hubbard Road, more than we are getting now, plus the fact that we have this problem with the loading and unloading. Thank you, Mr. Cbmurm. Mr. Alanskas: I know when you go to Hubbard, rightnow you have two doors one for customerwriteupandoneforodchanges. Nowwvththenewbuldingwill you show us how people will go m there for service and what they will be dome Mr. Gumigle: Certainly. This is the Hubbard Sheet here and this is the entrance. They will come around here, just as me does mw and if you are going for the fast food orthe'tvhileyouwaitswice," ywwdlbeduechdtothesedoors. For conventional service, you will be directed to these doors. Mr. Alanskas: How many doors? Far instead of two? Mr. Gu®gle: Yes, four doors. Mr. Alanskas: How will they exit when they are done? Mr. Gu®gle: They will exit to the westmd there and will be facing far doors there. Mr. Alanskas: When they leave, where do they go? Back up on Hubbard? Mr. Gumigle: Either to the right, to this intersection and to Hubbard or they can go this way and out w Hubbard this way. Mr. Alanskas: We are showing that you are 37 spaces deficient How many spaces will you be picking up by having all the new carsm the other area? You said you are going to take all ofyour new cars and move them wer across the landscape. So how many spaces will you be picking up for your customers? Mr. Gumigle: Let me estimate, about 30 and we will pick up about 8 in this area which we currently use for body shop deliveries, repaired cars waiting for the customer to pick them up. 18306 Mr. Alanskas: So in you estimation, you think you will be OK with parking for your customers? Mr. Gunnigle: Yes. Mr. Alanskas: Down at the Terrace Theater, I understand you are thinking about putting in a secwd floor in that bvddinag. Mr. Guu®gle: That is correct We are looking at that. Mr. Alanekas: hank you Mrs. Koons: It says in your original proposal, 204 spaces. Does that include that entire site? Where are the 204 spaces? Mr. Gu®gle: I didn't pert those numbers in. Mrs. Koons, so let nine get a little help on that one. For employee parking, I was listening to that intently. Because for employee parking, we have well over 50 employees but we have all of our employee parking doom on Hubbard, a block away. We have no employees parking on this piece of properly. Mrs. Koons: Because the inspections from each angle, the Police say you have 241 spaces required and the Inspection Department says some of your existing or proposed parking cannot be. Its on sidewalks or its by a walkway. Mr. Gumigle: That is grandfathered injust because of the location of the building being close to the street. Mrs. Koons: Where do your employees park? Is there a lot or do they park on the street? Mr. Gmmigle: This is Hubbard here and they walk down to Hubbard to the north of Sequoia Industries. We have a lot there where we store vehicles and we park all of our employee cars there, even mine. Mrs. Koons: hank you- ouMr. Mr.LaPine: I understand about the new service area because when I come in there I come an off of Hubbard Road backaround inthere. he problemI have had when have been there, especially m the morning at 7:30 am or 7:45 am probably when unstpeople are bringing in their cars. Thereis all tbat traffic coming m off of Plymouth Road, up the road, behind the building. Right by wbere your new office building was built, there is a driveway right through there. They come up there and we are all stuck in there because the people don't know wbere they are going. How are you going to manage that because I have had them back up because the guy wants to get over to the oil change and there is only one line. 18307 Mr. Gurgle: What we have done is we have assigned a person, we call them the concierge, and that person's duty is to stand out there and talk to people, greet people and direct them to the right spot Mr. LaPine: It gets to be very congested back there especially early in the morning when people are dropping off their cars and on their way to work Mr. Gunmgle: That is true. I understand. Mr. Piemecchi: My comments deal with the external portion of the building. We have talked before about landscaping. Right now, as you know, you have 3% and our ordinance calls for 15%. You had indicated the last time we were together that you had some ideas about improving that Can you make that known to us tonight how you are increasing that 3%? Mr. Gu®igle: Was that wbm Mr. Roth was here? Mr. Roth: Was that las[ week? Mr. Piercecelm Thafs right You indicated you were going to make a big stride toward this. It probably would it be 15% but that you were going to make a big stride. Mr. Gn®gle: Did the comrassion make a suggestion about landscaping. I amnot familiar with tbis? Mr. Piemecchi: Yes, at the study meeting. Mr. Gu®gle: I wasn't there. Mr. Roth: There was a request for landscaping along Plymouth Road. Mr. Piececchi: Along Hubbardthem Youbedmeabeautifuljobmthefrcmtespmally between the mo curb cuts. That was really a nice addition and the islands and that Along Hubbard there, and it is such a pretty budding, it seems like A needs to be dolled up a little bit I know it is m Hubbard and imt really in view of the tremendous amount of traffic that flows back and forth along Plymouth, but I think it would be an asset to at leas[ try to get more landscaping into developants. We try to beautifyA with more landscaping You are only 20% of what is required by the ordinance ever if these things get waived down the road Indications were that you were going to upgrade that I was just wondering ifthat is going to bear fruit, those rummevls. Mr. Gu®igle: We do have landscaping along here. I amjust thinking where it will be. Wbere the green area is, is all landscaping. Mr. McCann: I think what he mentioned was your entrances into the body shop right now. If you look between the drive and the most southern drive where the greenbelt starts, he felt that those two areas could be extended north and south He said there were some drives going in right there and he thought some of this area 18308 could have some greenbelt area added in right there. Thatiswhatwas explained to us at the study meeting Mr. Gu migle: There are two entrance and exit doors there so I dual think that would be 1. That the Site Plan marked Sheet AC1.0 dated 1/10/01 prepared by Roth & Associates, is hereby approved and shall be adhered to; 2. That the Extmior Building Elevation Planmarked Sbeet A2.0 dated 1/10/01 prepared by Roth & Associates, is hereby approved and shall be adhered to; practical. Maybe we could look at adding some shrubbery along here or something like thaL We could take a look at that Would that be something we could address. Mr. McCain: You can address that before you get to Coma. That would be appropriate Mr. A]anskas: In regards to your oil change wells, you are going to have two. Is that where the vehicles drive over and the technicians work beneath the cat! Mr. Gu®gle: We will raise the cars. Mr. Alanskas: You are going to raise the cars? That is not a well A well is where they go down under the vehicle and tato like a little cellar. Mr. Gu migle: I agree. We are going to have two hoists. Mr. Alanskas: O.K. Thankyou. Mr. McCann: If there are no further questions from the Com®ssurners, I will go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Seeing no ane, a motions in order. Mr. LaPine: I am curious, when are we going to see the Terrace Theater sign go? Mr. Gunnigle: What I am trying to do there is work out a deal there with the people we are trying the signs from. To take down the big signs when they part the other ones up so I can get a little better price from them On a motion by Mr. LaPive, seconded by Mr. Alanskas and approved it was #2-20 2001 RESOLVED that, the City Planning GD®ission does hereby recommend to the City Council that Petition 2001-01-08-04 by Bill Brown Ford requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition to the auto dealership located at 32222 Plymouth Road in the S.P. 1/4 of Section 27, be approved subject to the following conditions: 1. That the Site Plan marked Sheet AC1.0 dated 1/10/01 prepared by Roth & Associates, is hereby approved and shall be adhered to; 2. That the Extmior Building Elevation Planmarked Sbeet A2.0 dated 1/10/01 prepared by Roth & Associates, is hereby approved and shall be adhered to; 18309 3. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for adding on to a nonconforming bolding and any conditions related thereto; 4. That no signs, either freestanding or wall mounted, are approved with this petition; 5. That the specific plans referenced in this approving resolution sball be submitted to the Inspection Department at the time the building penitis are applied for. 6. That future landscaping will also be added A roll call was taken with the following result: AYES: LaPlne, Alamlins, Piercecchi, Shane, McCarm NAYS: Koons ABSENT: Now Mr. McCarm, Chanmaq declared the motion is carred and the foregoing resolution adopted. It will go an to City Council with an approving resolution. ITEM#3 PETITION 2001-01-08-05 Kickers All American Grill Mr. Piemecchi, Secretary, announced the next item on the agenda is Petition 2001-01-08-05 by Kickers All American Grill, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition to the restamard located at 36071 Plymouth Road in the NP. 1/4 of Section 32. Mr. Miller: This site is located on the south side of Plymouth Road between Levan and Yale. The petitioner k requesting approval to enclose the existing rear patio area of the Kickers Restaurant Presently the patio is an open concrete pad with a 4 to 5 ft high brick wall around it On July 10, 1995 this resna mot received waiver use approval to increase it's floor area and seating capacity. As part of that approval A was conditioned: That only liiseats shall be allowed on the outdoor patio (which seats shall not be in addition to the number ofseats perm3ued inside the restaurant). The petitioner has stated he would not be increasing the seating of his establishment Thereslammrtwould still abide by the above condition, in that, if and when tables are set up in the enclose patio, they would not exceed 16 seats. The Floor Plan shows that the addition would be made up of two separate VJ.P. rooms and a dance floor, complete with a DJ. The enclosure would add 1,056 sq. ft of space to the existing restaurant Because seating would not be increased, no additional parking would be required Required parking is 1 space for each 2 seat + 1 space per employee, 275 seats : 2+ 10 employees = 138 + 10 = 148 spaces. Parking provided is 152 spaces 18310 The Budding Elevation Plans show that the proposed addition would be constructed out of the same building materials as the original budding. The three walls of the addition would be brick Within the peak area of the roof, dryvit would be installed that would match the existing archutecdsal details and design of the restaurant's peak areas. The same standing seam metal roof of the principle bolding would be extended out over the proposed addition. The Planning Commission asked staffto check and see if this reslanmvt has any type of dance ficease. According to the City's convert "Restaurant Study" this estabhslmmthmaDa eTnterlahmn Pemut Mr. McCann: Is there any cmrespondence', Mr. Nowak There are four items of correspondence. Ibis office has reviewed the site plan sibrmrtted in correction with a request to construct an addition to the restrsnot located ora property located at the above referenced address. We have no objections to this proposal." The letter is signed by James I?. Corcoran, Fire Marshal. The second letter is tion the Engineering Division, dated January 29, 2001, which reads as follows: "Pursuant io your requesg the Engineering Division has reviewed the above referenced pet4iom The Engineering Division has no objections to the proposal at this time, and is not aware areas ordinances that will he affecbd by Me proposed construction. As well, we fmd ao problems regarding traffic or on-site capacity with reads to the proposed addition. We trust that this willprovide you with the information requested" The letter is signed by David Lear, PP., Civil Engineer. Ilethrdletterisfromthe DivisumofPohc dartd January 26, 2001, which reads as follows: "We have reviewed the site plans w conjunction with a proposal to construct an addition to the restaurant. We have no objections to the site plan as proposed However, ser handicap parking spaces are required. The handicap spaces must be individually markedandslgned." The letteris signed by Wesley McKee, Sergeant, Trac Bureau. The fourth letter is from the Inspection Department, dated Febmary 6, 2001, which reads as follows: Tursuantkryourrequestof Jamary23,2001, the above referenced petition has been reviewed The following is noted: "1) The Petitioners proposes to add seats (12) without adding parking; therefore, they will need a variance from the Zoning Board of Appeals for deficient number of parking spaces as they absolutely have no extra parking spaces. (2) An on site inspection 715/01 revealed the following: (a) a wish container was stationed outside the west service door, (b) dumpster enclosure gate w as open, (c) dumpster enclosure has wish and storage of material outside of dumpstar, (d) parking lot needs maintenance, repair, resealing and re -striping (double). This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Paul Tangorz, Spartan Design Group, 1429 Roy Road, Oxford, Michigan 48371. Mr. McCann: Is there anything additional you would like to 0 us about the proposal? 18311 Mr. Tangos: As Scott had mentioned, we had 16 seals art there. The Building Inspector is saying that we are adding 12 seals. We feel that we are not adding arty more occupancy to the addition that was already there. We also havetakenemeof the nosh problems and the mai ndernme of the parking lot is going to be done this spring Mr. LaPine: Number me, you are adding seats. When we approved this, the seats outside, we didnl court those because you only use those in the summertime so now you are going to be using them year round Is that correct? Mr. Tangos: Yes. That is correct Mr. LaPine: So that means you are increasing the overall capacity of the restaurant by 16 seats. The second question I have is, I am curious, are the 16 seats that important to you? Mr. Tangos: They want to utilize the space year round Mr. LaPine: I can understand that So you've got so much business you need these 16 seats. Is that what you are telling me? Mr. Tangos: correct Mr. LaPine: What is this VIP? Is that a special section? Mr. Inagua: They would be rented out for birthday parties. Mr. LaPine: It cant hold very many people. Mr. Tangos: No. It would be somewhere they could get away Goo the dance floor and have ahtdequiet time andlak Ifthemusic is playing,A is somewhere they can go. Mr. LaPine: TLemusicisgoingtobetightbetween the two VIPs. Itlooksliketomethere are couches in there. Mr. Inagua: That is a proposal. We dont know what the actual seating is going to be in there. Wejust wanted to show that is somewhere people can go and sit down and take a break. Mr. Lupine: So these are private rooms? Mr. Inagua: correct Mr. Alanskas: With the VIP room,isThe DJ for the entire roam, for both rooms or is that music also going into the regular restaurant where people sit for dimer? Mr. Tangos: There will be open space. Directly adjacent to this area is the bar area 18312 Mr. Alayskas: I have been there many times. Bill Stoymovich, 36071 Plymouth Road. Mr. McCann Why doul you bell us what you are plaamme Mr. Smyanwich: The VIP room is specifically for groups that have birthday parties or arty kind of special kind of engagements that want to come in and get away boon the music that we already have going on. We want to offer them space where they can talk We are going to have Plexiglas going up between the dance floors to sepamw the dancing but they will be able to see in to the dance floor. That is for the VIP rooms. The reason we are trying to do the dance floor there is that we are going to lower the music that is in the bar area that is now existing. We have a DJ Wednesday through Saturday, now. No specific dance area but the music is very loud and we want to try and push it to a different room where people can enjoy themselves and talk and have a conversation without having to yell to one another. Mr. Almskes: That answers my question. Mr. Shave: Mr. Stcyamvicb, to the VIP room, do you mend to serve food to that room? Mr. Sh yavovich: Yes sir. Mr. Shave: How many seats do you have in those rooms? Mr. Smyanovich: Right now, whatever we are allowed to do, we are going to be able to do. That is Bre amount of seats Port we will have in there. Mr. Shane: There will be seats in the dance area as well? Mr. Stoyavovmh: No sir. Mr. Shane: So only 16 seats will be in the VIP room? Mr. Stoyanovich We will be able to have 8 seats on each side if that is what we are allowed, yes. Mr. Shane: All right Thank you Mr. Tavgma: The inspector is quoting 12 seats. Mr. McCann; These wont be pnvake rooms though. You wool be shutting the doors and nobody will be able to see in? You will be able to see in and see out? Mr. Stoyanoveh: Exactly. 18313 Mr. McCann: It is not going to be some clandestine thing. It is just going to give them a little privacy and a title quiet Mr. Stoyama ich: The only other thing when we first opened up the restaurant, we had very ]imitedpmcmg spots. Nowwe have valet Wednesday through Saturday. We also rent spaces from Ste LA Plaza which all of our 20 or 30 employees, dep mdivg on whatnigbt itis, park at the LA Plaza Mrs. Koms: To the staff, did we consider that or did we know that when we calculated larking? Mr. Nowak No. The parking cakatamans in our notes did not take into consideration any off site parking. Mrs. Koms: Do we consider that at times for other businesses? Mr. Nowak Provided they have a surplus at LA Plaza. I don't know if they do or not They can only count the surplus parking spaces that they may have. Mrs. Koms: TLankym. Mr. Stoymovich: The other thing, we basically use them from 9:00 pm to close. That is when most of the places in the Plaza are closed. Mr. McCann: I will go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Seeing no me, a motion is in order. Mr. Alaaskas: Ilike the way ym have toned down the building on painting the roof It looks very nice and ym people do a nice job inside. I am glad that ym are going to be trying to none down the noise in the d.^^groom When ym come there in the evening, like you say, you can't even hear yourself think. I Stink by having that DJ in the back and lowenng that music it will be much better for your customers. On a motion by Mr. Alanskas, seconded by Mr. Shane, and approved it was #2-21-2001 RESOLVED that, the City Planning Commission does hereby mcmamend to the City Council that Portion 2001-01-08-05 by Kicker All American Gri0, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition to the restaurant located at 36071 Plymouth Road in the N.11 1/4 of Section 32, be approved subject to the following conditions: 1. That the Site Plan marked Sheet SP -1 dated 1/18/01, as revised, prepared by Spartan Design Group, is hereby approved and shall be adhered to; 2. That the Extenorfluddivg Aevatim Plans marked Sheets A-3 and A-4 both dated 1/18/01, as revised, prepared by Spartan Design Group, is hereby 18314 approved and shall be adhered to; 3. That the petitioner shall correct to the Inspection Department's satisfaction Poe following side deficiencies as outlined in the correspondence dated February 6, 2001: - that the trash container stationed outside the west service door sball be removed - that this site's dumpster enclosure gates shall be maintained and when not in use, closed at all times; - that all trasb and storage of materials anside the dumpster within the enclosure area shall be removed - that the entire parking lot shall be repaired, resealed and double striped 4. That all handicap spaces sball be idmtified and comply with the Micbigm Barrer Free Code; 5. That no signs, either freestanding or wall mounted, are approved with this petition; 6. That the specific plans referencedn this approving resolution shall be submitted to the Inspection Deparhn®t at the time the building peninds are applied for. A roll call vote was taken with the following result: AYES: Alanskas, Piercecchi, Shone, Koons, McCann NAYS: LaPme ABSENT: Now Mr. McCama, Chairman, declared the motion is carred and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 PETITION 2001-01-08-09 Ardmore Building Co., L.L.C. Mr. Piercecchi, Secretary, announced the next ism on the agenda is Petition 2001-01-08-09 by Ardmore Building Co., LL.C., requesting approval to construct a multiple - family residential condominium development on property located on the east side of Farmington Road between Cart Street and Fargo Avenue in the S.W.1/4 of Section 3. Mr. McCann: As I stated at the beginning of the meeting, we do have a letter from the petitioner requesting that this be tabled ontit such time as the Council decides on the future zoning Is there a motion? On a motion by Mr. Piercecchi, seconded by Mrs. Koons and unanimously approved, it was 18315 #2-22-2001 RESOLVED that, the City Planning Commission does hereby recommend that Petition 2001-01-08-09 by Ardmore Building Co., LL.C, requesting approval to co mot a multiple- firrully residential condominium development out property located on the east side of Famtingfon Road between Car] Street and Fargo Avenue in the S.W.1/4 of Section 3 be tabled to date uncertain. Mr. Chairman, Chainnau, declared the motion is carried and the foregoing resolution adopted. I see somebody in the audience. Did you want to speak on this issue? I read a letter at the beginning of the meeting from the petitioner requesting that this item be tabled until the zoning issue is taken care of Marc Brookman, 19834 Westmore. So youjust approve the final plans after they have been presented? Mr. McCann We will make a recommendation to the Council out the plans and work with the petitioner once there is a final determination of what the proper zoning is. Right now the =mg is still OS and R-3 and Iris plans areal even close to that So there is no use for us to spend much time on it because he doesn't know what the final zoning is going to be so therefore, we can't deal with t he plans at this time. Mr. Brookman: We have seen plans of a proposal at other Council meetings. Mr. Mccamm: We have seen the same thing and there is a lotofdisussion regarding it but nothing final at this point Mr. Brookman: Dials fore. Thank you Mr. McCann: Thank you KariNakasbmna: Whether the plans stay the same or change, several of us are concerned that a street be implemented into those plans and we arejust wondering if that is something we need to discuss? Mr. McCain: We also talked about the street going through. Ms. Nakashima: A City street? Mr. McCain: A City street, right, but again, we are a long way off before that will come rip. Ms. Nakashima: About the water pressure, will that have any adverse affect on the residents Haat live in that area? Mr. McCann: That would be an engineering question That is something that we can ask the Engineering Department to give us a report at the time but again, it is real premature. Ms. Nakashima: O.K. I just wanted m bring it rip. Thank you. 18316 ITEM #5 PETITION 2001 -01 -GB -01 Terrence Corners Mr. Pienceccbi, Secretary, ars amced the next item on the agenda is Petition 2001 -01 -GB -01 by Terrence Comers requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the Zoning Ordinance for the commercial property located at 16310 Middlebek Road in the N.W.1 /4 of Section 13. Mr. Miller: Ibis site is located on the east side ofMiddlebelt between Terrence and Grove. The applicant is requesting approval to substitute a greenbelt in hen of the protective wall that is required between a commercial zoned property and a residentialzonedproperty. The applicantis requesting that The es;stivgnatural greenbelt along the east property line of the subject site be accepted as an appropriate substitution The greenbelt area in question is par[ of the Bell Creek Drain and is a registered flood plain area. The heavily wooded area is very wide and provides a significaut natural screen for the residential homes on the other side. In a letter dated January 10, 2001, the petitioner points out that the flood plain area is unbuddable, so erecting a wall separating the co rram ial bon the residential is not only impracticable but would serve very little purpose. With the flood plain of the drain cutrag through the back half of the property, a unique situation has occurred In some places the zoning line follows the outside edge of the flood plain's boundary and in doing so splits the shopping center's property. So if a wall were erected along the zo^g line as required, it would only provide screening of the petitioner's property boat hrnself. Ibereis an existing screen wall along the south 160 ft of the east property ]me and the west 50 ft of the north property line of the residential property that abuts this property on Terrence Avenue. Both walls would remain and are not part of this request. Mr. McCann: Is There any correspondence? Mr. Nowak There is one item of correspondence. It is a letter boat the Inspection Deparhnent, dated Febnrary 1, 2001, which reads as follows: 'Pursuant to your request ofJanuary 23, 2001, the above referenced petition has been revieuved. The fol/awing a noted: (2) The parking areas require re -striping (double) and repair and/or resurfacing. (2) Four (4) dumpsters were located outside as Mere are no dumpster enclosures This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director ofliepection. That is the extent of the correspondence. Mr. McCain: Is the petitioner here this evening Bob Helber, 3773 E. Ellsworth, Ann Arbor, Michigan 48108. I am with Continental Capital Realty, a mansgemertt company for Terrence Corners. What we are trying to do is obviously, there a an existing wall aramd one portion of it where our property actually thins the residential properties that are in the area There is a large flood plain to the east and north of the buildings that block us bon the houses in the area because there is so much land between our existing property 18317 and the houses that are to Poe north and the east It is out intention to get greenbelt variance in this area so we dont have to nm a cement wall daargh the flood plain area. We have had several variances in the past but we are looking for a permanent solution to the variance, which we have been granted since 1976. We had one in 1985, one in 1992, one in 1995 and now there is an option for us to get a greenbelt That is our intention. Mr. McCann: Are there any questions from the Commissioners? Mr. Shane: Are you prepared to screen the dumpster at the back of your building as per the City regulations? Mr. Helfer: I would like to know what the City regulations are. I spoke with Mr. Miller a couple of days ago in regards to this and I am looking into it at this point in time. We are prepared to do something. Mr. Shane: There is some other debris that is laying back there, an old parking lot light and some other things that need to be cleared up as well. Mr. Helfer: There is also some wood back there. I drove back there tonight and we've been having a problem with some people coming in there because it is such a secluded area behind the buildings and people have been dumping wood debris. That is probably what you saw. We ac undly had a light pole come down a couple of nights ago and we are in the process of replacing that right now. Mr. Shane: Tbankyou. Mr. McCann: If there are no further questions from the Commissioners, I will go to the audience. Is there anybody in the audience who wishes to speak for or against this petition? Seeing nobody, a motion is in order. On a motion by Mrs. Koons, seconded by Mr. Shane and approved it was #2-23-2001 RESOLVED that, the City Planning Commission does hereby recommend that Petition 2001 -01 -GB -01 by Terrence Carvers requesting approval to substitute a grembeh for the protective wall as outlined in Section 18.45 of the Zoning Ordinance for the commercial property located at 16310 Middlebelt Road in the N.W.1 A of Section 13, be approved subject to the following conditions: 1. That the normal landscaped greenbelt along the east property line, as shown on the plan received by the Planning Cormmssion on January 15, 2001, shall be substituted for the protective wall required by Section 18.45 of the Zoning Ordinance; 2. That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective Barrie , the owner of the property shall be required to construct the protective wall Panamint to Section 18.45; 18318 3. That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as oullined in the correspondence dated February 1, 2001: The parking areas requne re -striping (double) and report and/or resurfacing, and Four (4) duumpsters were located outside as there are no duumpster enclosures. A roll call was talon with the following result AYES: LaPme, Piercecchi, Koons, Shane, McCain NAYS: Alanskas ABSENT: Now Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted. This concludes the Miscellaneous Sir Plan portion of our agenda We will now proceed with the Pending Item section of our agenda These items have been discussed at length in prior meetings therefore, there will only be burned discussion tonight. Audience participation will requrre umanimos common from the Commission. ITEM #6 PETITION 2000-09-02-30 White Castle System, Inc. Mr. Pierceccbi, Secretary, announced the next item on the agenda is Petition 2000-09-02-30 by White Castle System, Inc. requesting waiver use approval to construct and operate a fast food, liumed service restaurant with drive -up windows as well as inside seating can property located can the south side of Plymouth Road between Famongton Road and Woodring Avenue m the N.W. 1/4 of Section 34. On a motion by Mr. Piercecchi, seconded by Mr. LaPme and unanimously approved it was #2-242001 RESOLVED that, the City Planning Commission does hereby recommend tbst Petition2000-09-02-30 by While Castle System, Inc. requestingwaiver use approval to construct and operate a fast food, limited service restaurant with drive -up windows as well as inside seating can property located can the south side ofPlyr Orth Road between Famrington Road and Woodring Avenue in the N.W. 1/4 of Section 34, be tabled to April 3, 2001. Mr. McCann, Chairman, declared the motion is carred and the foregoing resolution adopted To our audience and the people at home the White Castle is currently vmdmm with its landlord to slay at its current location and until those dismssions are completed, they are asking us to table this item ITEM #7 Motion to hold a Public Hearing (Future Laud Use Plan ) 18319 Mr. Piercecchi, Secretary, announced the next item on the agenda is motion to hold a public hearing on the question of whether or not to amend Part VII of the Master Plan of the City of Livonia, The Future Land Use Plan, so as to change the designation of land lying west of Farmington Road and north of Lyndon Avenue in the Northeast 1/4 of Section 21 bon Office to Medium Density Residential On a motion by Mr. Shan, seconded by Mrs. Koons and unanimously approved it was #2-252001 RESOLVED that, the City Plarming Commission, pmsuantto Section23.01(b) of Ordinance 4543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Part VII of the Master Plan of the City ofLivoma, The Future Land Use Plan, so as to change the designation of hand lying west of Famungton Road and north of Lyndon Avenue in the N.P. 1/4 of Section 21 bran Office to Medium Deas ny Residential. FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recomm®dation submitted to the City Council - A roll call vote was taken vulb fine fo➢owivg result: AYES: Alanskas, LaPme, Pierewchi, Shane, Koons, McCaw NAYS: None ABSENT: None Mr. McCaw, Chairman, declared the motion carried and the foregoing resolution adopted. ITEM #S PETITION 2000-12-02-37 Sam Bali (Shay Estates Condominiums) Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-12-02-37 by Sam Baki Petition 2000-12-02-37 by Sam Bali (Shay Estates Condominiums) requesting waiver use approval to cons pact a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fainvay Drive in the N.P. 1/4 of Section 8. On a motion by Mr. Piercecchi, seconded by Mr. LaPine and unannnously approved, it was #2 2(x2001 RESOLVED that, the City Planning Commission does hereby rermmnend that Petition 2000-12-02-37 by Sam Bali (Shay Estates Condominiums) requesting waiver use approval to construct a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fairway Drive in the N.P. 1/4 of Section 8 be taken bran the table. Mr. McCain: Is Mere any additional correspondence? 18320 Mr. Nowak: We have three letters from area residents, which are in your books, who have concerns about the size of the buildings that are proposed and that are to be constructed and a suggestion which, in their opinion, might make the project more compatible to the area. We have a letter from Mark and Joan Molbat at 36270 Dardanella, a letter from Camille Brick at 18999 Fairway and a letter from Patrick Coulter at 18668 Fairway. Mr.McCann: For the record, each of the Planning Commissioners received copies of those letters, which were reviewed before the meeting. I will go to the petitioner. Sam Bald, Bald Home Builders, 36800 Seven Mile Road, Livonia, Michigan 48152. I did meet with the neighbors and we made some changes. We added some more trees. One of the main concerns was the square footage because of the homes in the area. I agreed that we could reduce down our minim= to the ranches to 1850 sq. ft. and cape cods which are 2-1/2 story we can start at 2350 or 2450 sq. ft. and leaved that way. We will maximize our square footage w 3,000 sq. ft, raxvmm The brick quantity I would like to leave the same, Anch is the high quantity I have at fou. Mr. Piercecchi: Ihd you say 3400 sq. ft? Mr. Bald: 2150 sq. ft to 3,000 max. Mr.Piercecchi: Youareawarethatthe13surtomdivghomesadjac wyoursitesare approximately 1700 sq. ft? Mr. Bald: 1700 sq. ft to 2100 sq. ft. Mr. Pdercecchi: And rmge do heigbts from 23 ft to 26 ft? Mr. Bald: Yes sir. Mr. Pderceechi: You also most be aware that our Zoning Ordinance Section 19.06(a) states: '1Lat a use most be of such location size and character that it will be in har nmy with the orderly development of the surrounding neighborhood." According to the drawings and your statement tonight, you are proposing your buildings to be up in the 3000 sq. ft class. Ibis, in my opinion Mr. Bald, is way not of character and harmony with that area Perhaps limiting your homes te 1700 sq. ft is a little bit too extreme but ldmitmg the floor area to the largest home adjacent to your development, to me, is reasonable and that would be in the 2100 sq. ft to 2200 sq. ft class. Personally, I will not support this petition ifthe mumu um floor areas go way beyond these. Mr. Shane: My notes say that there have been some changes to you plan since we saw it lasL Wouldycu like to go through that for us? Mr. Bald: We added the berm on the west side of the property with the trees. We put in small detention area to accommodate for the drainage. We added a little more 18321 trees on this side. I adjusted the street, which has made this 20 feet instead of 18 feet from the last time. On the east side we added more trees and w e put in a detention because we are draining all the properly from here down to hus area because the homeowners on the east side, at the existing grade, they are about a foot below our Bade. Weare trying to accommodate for that so we lowered this. We added some catch basins and show where it is going to go for drainage purposes around the whole property. Everything on our property will drain into our own catch basins into our own detention area then discharge what is allowed by Wayne County Ordinance. I did accommodate lot 44 on Poe east side. We will allow him to connect to us to drain his low area to our detention area so we can accommodate him too at the same time we are doing our system For the square fodage, we did put these homes, this is 2900 sq. ft, this one is 2900 sq. ft, these two homes in the back are 3200 sq. It. as shown on the print but we are reducing A down to 3000 sq. It. so it will be even smaller. As you see, these homes don't even cover the full envelopes. That is what scared a lot of the homeowners around the area The height of my homes, the highest is about 32 feet from ground level. That is to the pitch of the roof not that the homes are going to be sitting above ground too ltigh. The first and second floors will still be the same elevation as the neighboring properties. We did accommodate. I was asked by some of the owners to move the envelope aware from then side so I allowed 15 fret here as required by R-0 zoating. Mr. McCain: Are firere any questions from the Commissioners? Mrs. Kcros: How many homes are you conshucting? Mr. Bald: We will tear down the old house on lot 42, which we are requesting, so we are still at seven new homes and the existing Shay Estate house, brat is eight Mrs. Kcros: Is that a historical home? Mr. Bald: Yes it is. Mrs. Koons: Are you the owner of that home now? Mr. Bald: Not yet Mrs. Kcros: Butyouwillbe. Mr. Bald: Yes, I will be. Mrs. Koons: Does ovmership of that cause you In have to be the caretaker of it to certain standards for a historical home? Mr. Bald: Yes. Mr. Shane: At, does the plan have everything it that we need for it to be approved? Mr. Nowak I believe it is in proper form 18322 Mr. Shane: Complete in every respect? Mr. Nowak Yes. Mr. McCann: One thing, Mr. Baku, you mentioned at the study meeting and that was under current zoning, I think this should be made aware to the neighbors that you would lose one house by going with the currentzoning? Mr. Baku: Under the zmang, I am doing exactly as the zMang. Under the Subdivision Act, to put in a fid] road, ifI put a fid] road in, the cul-de-sac will be a lot bigger. I will end up losing one lot if do it to accommodate the full 50 foot right-of- way. Mr. McCann: But you will push the houses back closer to the neighbors. Mr. Baku: Exactly. They will be closer to the neighbors because then the right-of-way will take over the front yard so they will be backed up to the neighbors' property. We are leaving only 30 feet like the zoning allows which is 35 feet all the way around. Here we are allowing a lot more. Some of these envelopes, this one is about 50 feet Here we have almost 40 plus 15 feet, almost 45 feet So we have bigger backyards by the way we are doing it this time. Mr. McCann: By going to a cluster, we are able to go with a smaller road, move the homes away from the neighbors? Mr. Baku: Yes. Mrs. Koons: 3,000 sq. ft is your=imumnow? Mr. Baku: Thatis right Mrs. Koons: But that is not what is on that current plan. Mr. Baku: No. It is just in the shaded area. It could be 3,000 sq. ft It could be a little smaller in the depih. Mrs. Koons: But is says 3200 sq. 8 on that plan. Mr. Baku: No, it is not Mrs. Koons: O.K. 3,000 sq. ft. Mr. McCain: I notice some of the neighbors are here this evening. Is there something additional? If you do want to speak or give us something additional that was it in the letters or something that you would like to say to us this evening, I assume there is. We need unanimous consent from the Phoning Commission to allowthe audience to participate. Is there miyobjection fromthe Planning Conmuission at Us time? 18323 Planning Commissioners: Unanimous, no objections. Mr. McCann: Sir, please come on down Ted Golmulkn, 36240 C7arita I live on the south end of this proposed development and I guess I would fustjus[ like to recap what we said last time. Our main concern with these homes and their being in haxmmy with the surra mding neighborhood has in do with the size in terms of both square footage and height of the homes. As was noted, the homes in the area range 23 It to 25 ft My house is approximately 23 feet high It is a two story colonial. I don'tthink they are any higher than 25 feet There are a lot of ranches in the neighborhood that are considerably less. That is oumam concern. I was at a meeting with Mr. Bali and he did listen to a lot of our concerns. However, I wouldjust like to clarify that he downt speak for us and I don't =ember anyone at the meeting saying that they were entirely in agreement, that 3000 sq. ft limit is acceptable or that 32 foot height is fine with us. I don't recall anyone saying that We do object to those kinds of numbers and those remain our chief concern with this development and I guess is about all I would like to add at this point in time. We would very much appreciate you enforcement of that harnomous clause in the Zoning Ordinance, however that is worded, in but; of size of the homes. Mak Mollon, 36720 Dardanelles You referred to the letter that we submitted and diagram showing the amort size of the surrounding homes. The issue of the square footage and the height is of great concern to us. You mentioned that the granting of the waiver is going to rake it better because it moves the homes away from the mailing homes but fail to see how a plan that allows for more homes is going to make it seem like there is more space. Mr. McCam: What I am saying is that it is already zoned Everybody who owns property has a right to develop it If you own and pay taxes an it you have a right to sell it and develop it but its got to be within reason in the community. This land is zoned R-3 and R-4. If he meets all the standards in a R-3 and a R-4 district, that means he can go an those R-4 districts and put in a 3600 sq. ft, 3700 sq. R. or 3900 sq. ft home up to 35 feet high and itwould mean that itwould push it back b the property lines within 30 feet What we are saying is why we bae this cluster type waiver use is in cemon situations like this itwill take a property and allow us to do things like rake a nonconforming road a namrwer road so that the houses can be moved in to have less impact on the neighbor and more control over the size of the homes and the way they are being platted in there. If he meets all the requirements under the R-3 or R-4, we really have in allow him to come in there and he can build a 35 foot, 3900 sq. ft home. He loses one site but he can build much lager homes. There wouldn't be room for the greenbelts. There wouldn't be room for a lot of the things that he is trying to do to do it For someone who tries to work within the law with the neighbors and everybody else, that is the intended use for this. It is to try and see if it can try and buffer some of the situations. Mr. Mollon: There is still going in be more houses in there than there would be otherwise 18324 Mr.McCain: Them will beonemorehouse or oneless housewithoutthewaiveruse. Mr. Mollon: Thank you Ricbard Burrows, 19065 Rawray. Ido warn to at least say thanks to Mr. Bald because he listened to us. He has been forthright and he has taken into consideration our objections. One thing that I did at least want clarification on, I assume these are from le association bylaws wbere it was talking about fearing. Thisis something maybe A is my own deficiency that I didnlbrmg itup earlier at some of the other meetings that we had, along some of the properties there is shown some fencing along what would be the southwest comer of that property along that side wbere it backs up to a couple of homes, currently, and the reason I take such an interest in a fence is because I have a fence in my backyard right now that backs up to the existing Sbay home, essentially. Within the bylaws, or the regulations that I am reading here, it says no owner or co-owner can put up arty type of fearing without the approval of the developer or the association. Would a bordering element, such as myself or one of my neigbbom in the event there is a home back there and somebody puts a deck that nos within four or five feet of the back property line and you want to put a privacy fence back there, would that individual property owner surramdi ag the association have to get full compliance from the association? Mr. McCann: The City Ordinance takes affect there, doesnY it Mr. Nowak? As I recall, I put just the wooden spice two rail fence in my backyard and I had to get permdssiou from all my neigbbors prior to doting it Mr. Burrows: You wouldnY have to get permission from the entire association would you? Mr. McCann: It depends out the bylaws of that association. Since it is a condo association you mayhavekrffitiswithinthemles. TobehonestwithyogIdidnRlookibat closely at the Hiles. Mr. Bumrws: That would be the only concern from the association standpoint that would at least bother me is that typically in a normal neighborhood you would basically have to get your three neigbbom and now Ibe got, granted somebody across the street may not be contacting our property, but could still me. Mr. McCann: It wouldnR affect you, only the people that were buying in there. Mr. Burrows: Again, if wanted to put a fence in my backyard, would I have to get the association approval. Mr. McCann: Only ifyou lived do the association. Mr. Burrows: Thatiswhallwantcdtoknow. Thankyou. Dave Dixon, 36267 Dardanelles My property borders about 185 feet of the southwest porlion of this proposed development I think on your blueprint it says D3. I have a couple 18325 of concerns that haven't been brought up tonight I watched this last week so I saw some of the questions and such Firs4 of all, the drainage, there is an emsting strum drain in the back corner of my property. Currently what drains there is the stuff firm the house nest to mine, which is the Mollons, A is E3 and part of the drainage firm the house on the other comer, this lot here is not marked on the blueprint All that drains across my property and goes back into thisstormsewer. With the two houses that are proposed here, there isn'tmuch drainage that comes from that property because it is all grand right now but if you put two 3200 sq. If colonials, the cement for the driveways and the cement for the road all along this property, the drainage is going to be magnified coming back to this storm sewer. There is no getting aramd it When they put that slam drain in there, did they allow for tbat? I don't know. I don't think so. When they putthe strum drain inthere, therewereno budding there. Solaro concerned with drainage. I am concerned that drainage to going to come into my backyard and run back into that strum sewer. If it is not adequate to hold that then that water is going to sit in my backyard The other concern I have is our house where the building is 30 feet from the property line, the setback that was requved when we belt the home. Another 30 feet from thereis going to be a road. So when I am sitting m my deck do my backyard 45 or 50 feet away there is going to be a road people are going to be driving on I don'tthink that is a safe thing, first of all. I doral think it is a practical thing second of all. That is from my property. The Mollon's property, next to us, is even closer than that It is 10 feet closer tban that So maybe only 40 w 50 feet away from thea back door thereisgomgtobearoad. Mr. Bald has put in his drawing thathe will put up some trees. Tbat is fine but I don'tthink trees can cut it I think ifyou approve [his, then you should require him to put in a ben along that part I think that berm should be high enough so that when I am in my kitchen or my dining area eating at night I don't have to look at lights from cars coming home while I am sitting at my kitchm table. Mr. McCain: How wide of a space do we have there, Mr. Nowak? Mr. Nowak From the road to his property, it appears to be 38 feet Mr. Ihxun: That is the old plan. It is 30 fent now. It was 38 fee[ on the first plan The next plan took the road and moved it from the other people over to this side. Mr.McCaum Mr. Bala, would you have an objection to berating in there? Mr. Bald: No. We can put a berm under these trees and put the same amount of trees on top of it We can'tmake it as high as he is requesting The highest we can go is to 2-1/2 to 3 fret That is the City ordinance anyway. We can'thave a steep berm Mr. Duw: Ijust want it high enough so that when somebody is driving thea SUV into thea driveway it doesn't look like they are driving mon my back door, which is close enough that that affect would be there. 18326 Mr. McCann He is stating that he can do it about tree feet which would be within Poe City ordinance and plantings on those of that which would definitely at least assist in what you are trying to do. Mr. Dixon: O.K. Just to reiterate a point that has been brought up many times, I really think that the confnnany with the surroundings is a major factor in this and I think that putting up a home that is 35 feet high and 3200 sq. ft or 3000 sq. ft is a big change from the existing homes. It will dwarf the other homes. Thafs all I have to say. Thank you very much. Camille Brick, 18999 Fairway. You say you received my letters, I hope you read them I wont go over what I thoughtI could because you already have the information. My house is number 6 on Fairway and I would be at the end of the proposed cul-de- sac and from what I understand the biggest of the houses would go back there. I have a much, a 1500 sq. ft ranch and I did see the kind of house, the colonial, that would be built only 15 feet from my property at Fox Creek Idid seen Itis immense. I agree that most likely Mr. Bald and all of his requirements meet what is required but the point is, and I agree with Mr. Dison, that it doesnt fit in withourneigbbodrood. Itwouldbelikeamwbroominthemdddleof established houses and I appeal to you to take that into consideration when you make your decision please. Mr. McCann: If there is nobody else who wishes to speak, I will go to the petitioner. Mr. Bald, do you have any last comments? Mr. Bald: No. Mr. McCann: A motive ds an order. Mrs. Koons: Ifrel we are operating with a lack of information. Not because of Mr. Bald, he bas done a wonderfuljob ofkeepdng people up to date. Ijust feel like I am not as up to date and the neighbor's last conversation. I would request that we table d is item On a momm by Mrs. Koons, seconded by Mr. Piemecchi and approved, it was RESOLVED that, the City Planning Commission does hereby recommend that Petition 2000-12-02-37 by Sam Bald (Shay Estates Condominiums) requesting wadver use approval to construct a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fanway Drive an the NE. 1/4 of Section 8 be tabled A roll call was tatan with the f dlowmg result: AYES: Piercecchi, Koons NAYS: Alanskas, Saltine, Shane, McCann ABSENT: None 18327 Mr. McCann, Chairman, declared the motion fails fm lack of support Is there a second motion' Mr. Shane: I will make an approving resolution subject to the granting of variance by the Zoning Board of Appeals for deficient setback from a major thoroughfare. On a motive by Mr. Shane, RESOLVED that, the City Planning Commission does hereby recorrmemi that Petition 2000-12-02-37 by Sam Bald (Shay Estates Condominiums) requesting waiver use approval to construct a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fairway Drive in the N.E. 1/4 of Section 8 subject to the following conditions: That the site plan, submitted by Sam Baki, with a revision date of January 20, 2001, is hereby approved and shall be adhered to; That the following requirements shall be incopmated into the Master Deed of the subject condominium project: That the minimum floor area for each one-story dwel iog shall not be less than 1,800 sq. ft. and not less than 2,450 sq. If for each two-story dwelling and That the first floor and ch mney of each condommnm unit shall be brick on all four sides and the total amount of brick on each unit shall not be less than 70% on two-story and not less than 90% on one-story dwellings, That the brick used in the consMrction of each condominium unit shall be full face 4 -inch brick, an exceptions; That all landscaping shown on the above referenced site plan shall be installed to the satisfaction of the Inspection Department That the petitioner shall meet to the Fine Department's satisfaction the fallowing requirements as outlined in a letter from the Fine Marshal dated December 27,2000: That adequate hydrants shall be provided, one near the entrance to the street and ane near the cul-de-sac; That the most remote bydraut shall flow 1500 GPM with a residual pressure of 20 PSI; That an entrance marker plan shall be submitted to the Planning Commission for approval within 30 days following approval of this petition by the City Council; 18328 7. That the site plan referenced in this approving resolution shall be submitted to the Inspection Depazhnent at the time the building permits are applied for. Forthe following reasons: 1. That the proposed plan is in compliance with all of the special and gmeral waiver use standards and requirements as set forth in Sectim 20.02A and 19.06 of the Zoning Ordinance 4543; 2. That the proposed use is compatible to and in harmony with the surrounding uses in the area; 3. That the subject site has the capacity to accommodate the proposed use; and 4. That the proposal represents a reasonable and well designed land use solution for a land area wi8m difficult site limitations. Mr. Shane: With respectto item4l,Ijustwanttomake sure that the siteplanhas theproper date an it, the revision date. Mr. Nowak The plan that was presented by Mr. Bald tonight actually has a revision date of February 12, 2001, I believe. Mr. Shone: Wi➢ you include that in there, please? Mr. Nowak Yes. Mr. McCain: We included the 3000 sq. ft maximum in there also? Mr. Shone: I didnY but I will. Mrs. Koons: Are we gong to include anything about heiglut manamnms? Mr. Shone: No. Mr. McCain: We've got the additional berm on the west side of the circular drive there. Can we add that in there? It would be an amendment to the plans. Is that all right? Mr. Shone: Yes. Mr. McCain: Is there support to the motion? Calling a second time for support The motion failed due to a lack of support Is there an alternative motion? Mrs. Koons: Mr. Chairman, once again, I will offer my motion to table. 18329 On a motion by Mrs. Koons, seconded by Mr. Piercecclu and approved, it was #2-27-2001 RESOLVED that, the City Planning Cmnmission does hereby recontramd that Petition 2000-12-02-37 by Sam Bald (Shay Estates Condominiums) requesting wadver use approval to construct a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fairway Drive in the N.E. 1/4 of Section 8 be tabled to February 27, 2001. A roll call vote was talon with the following result AYES: IaPine, Pieroecchi, Shane, Koons, McCann NAYS: Mansions ABSENT: Now Mr. McCann, Chairman, declared the motive carded and the foregoing resolution adopt-& It will be tabled to February 27, 2001. ITEM #9 PETITION 2001-01-08-02 Madura Building Company (Multistate Transmission) Mr. Piercewhi, Secretary, amnunced the next item on the agenda is Petition 2001-01-08-02 submitted by Medom Building Company, on the behalf of Multistate Transmission, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a warehouse addition to the commercial building located at 34957 Plymouth Road in the Northwest 1/4 of Section 33. Mr. McCann: Is there anything additional on this that we haven't already had Mr. Taormina: There are no new items of correspondence. Mr. McCain: Is the petitioner here this evemn. George LaForest, 3 44 51 Industrial Road, Livonia- Mr. ivoniaMr. McCain: Mr. LaForest is there anything new since we last met? Mr. LaForest No. Mr. McCain: A motion is in order. On a motion by Mr. Puuvecchi, seconded by Mr. Lupine and approved it was #2-28-2001 RESOLVED that, the City Planning Commission does hereby recommend to the City Cannot] that Petition 2001-01-08-02 submitted by Medom Building Company, on the behalf of Multistate Trmsmissdon, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in correction with a 18330 proposal to construct a warehouse addition to the commercial building located at 34957 Plymouth Road in the Nothwest 1/4 of Section 33, be approved subject to the following conditions: 1. That the addition shall be for storage or warehouse space only. No commercial use, including Multistate Transmission, shall be permitted to expand into any pan of this addition. 2. That the Site and Landscape Plan marked Sheet SD- 1 dated 1/31/01, as revised, prepared by GAV Associat s, is hereby approved and shall be adhered m; 3. That all dislmbed lawn areas shall be sodded in lieu ofbydroseeding; 4. 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 Depommut and thereafter permanently maintained in a healthy condition; 5. That the Exterior Building Elevation Planmerked SheetA-1 dared 11/28/00 prepared by GAV Associates, is hereby approved and shall be adhered to; 6. That the three walls of the trash dumpster area shall be constructed out of the same material as used to the construction of the budding and the enclosure gates shall be maintained and when not in use, closed at all times; 7. That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft in height; 8. No vehicles shall be left parked in the front of the building after business hours, weekend or holidays; 9. No outdoor storage, placement or display of merchandise, parts, transmissions, oil or arty other fluids shall be peroutled at arty time; 10. Thatno signs, either freestanding or wall mounted, are approved with this petition; 11. That this approval is subject to the petitionerbeing granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related therem, 12. That the specific plans referenced in this approving resolution shall be sulmutfed to the Inspection Depmment at the time the budding pemuts are applied for. Mr. McCann: Is there any discussion' 18331 Mr. Shane: I am going to be voting no on this resolution because I feel that a 40% deficiency in parking is excessive. If it is not, then the zoning ordinance is wrong and if the zonmg ordinance is wrong, I would like to see empirical evidence to that effect and maybe we need to change it but the other thing, I certainly want to commend the petitioner for attempting to upgrade the site and to make the parking better than it is now and for making the landscaping beth but he is building a building on this site which Bre transmission shop, which causes the parking deficiency, isn't even going to use. If it weren't for that building being there, perhaps the parking deficiency could be cut down quite a bit by utilizing that area for parking. Because of the deficiency, I have a problem with it Mr. Alamkas: I don't want to be repetitious but I have the same problem with the parking for the transmission shop. lbey are deficient by quite a bit and I think by letting this building be put up andjust taking away from parking, we are creating a bigger problem This is why I will be voting on this also. Thank YOU Mr. McCann: I have the same concerns bot we put in did this was for storage use only. Once the building is up it is hard to keep it to storage use only. Would the secretary please call the roll? A roll call vote was taken with the thllowwg result: AYES: IaPme, Piercerchi NAYS: Alanskas, Shane, Koons, McCann ABSENT: Now Mr. McCaw, C9airmao, declared the motion faded You have ten days in which to appeal the decision in writing to the City Council. ITEM#10 Approval of Minutes 817' Regular Meeting Mr. Pierceccla, anommced the next item on the agenda is Approval of the Minutes of the 817n Regular Meeting held on January 16, 2001. On a motion by Mr. LaPme, seconded by Mr. Shane and unanimously approved, it was #2-29-2001 RESOLVED that, the Minutes of the 817n Regular Meeting held by the City Plawmg Commission on January 16, 2001, are hereby approved. A roll call vote was taken with the following result AYES: IaPine, Koons, Shane, Alanskas, Piercecchi, McCaw NAYS: Now ABSENT: Now Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted On a motion duly made, seconded and unanimously adopted the 810e RegularMating held on February 13, 2001. was adjourned at 9:10 P.M Dan Pierceachi, Sectary ATTEST: James C. McCann, Chairman /rw 18332