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HomeMy WebLinkAboutPLANNING MINUTES 1998-12-1516521 M[NUTES OF THE 776th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COM[vIISSION OF THE CITY OF LIVONIA On Tuesday, December 15, 1998 the City Planning Commission of the City of Livonia held its 776th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. McCann, Chairman, called the meeting to order at 7:30 p.m. with approximately 30 interested persons in the audience. Members present: Members absent: Robert Alanskas Elaine Koons Michael Hale Daniel Piercecchi James C. McCann William LaPine Messrs. John Nagy, Planning Director; Al Nowak, Planner IV; Scott Miller, Planner II, were also present. Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing makes the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions which the Commission may, or may not, use depending on the outcome of the proceedings tonight. Mr. Piercecchi, Secretary, announced that the first item on the agenda is Petition 98-10-1- 19 by Leo Soave requesting to rezone property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the NE 1/4 of Section 14 from RUFA and OS to R-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: A letter from John P. Hill, Assistant City Engineer, dated November 18, 1998 indicates the Engineering Division has reviewed the petition and the Engineering Division has the following concerns with the proposed construction: 1) The developer would need to dedicate the appropriate amount of right-of-way, 60.00 feet to the county. 2) The developer would 16522 be required to obtain easements from abutting parcels to gain access to an existing storm sewer. 3) On site storm sewer detention may be required for this development. We also have a petition with 79 signatures opposing the rezoning: We, the undersigned property owners of Willow Creek Estates Subdivision, oppose the Petition No. 98-10-1-19 requesting rezoning of property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road, the north Southeast 1/4 of Section 14 from RUFA and OS to R-1 scheduled to be submitted to the City Planning Commission on Tuesday, December 15, 1998. There is a letter from John V. Bartus, P.E., President of North Livrance Estates Housing Association with a petition and 79 signatures attached: The property owners of Livrance Estates are solidly against any rezoning proposal that would reduce the minimum lot size of one family residential to less than 1/2 acre in our area. To preserve the character of our neighborhoods we, and our neighbors from Willow Creek, Bell Creek, and Nottingham Woods Estates have voiced our adamant objections to past rezoning proposals by other developers to reduce lot sizes below 1/2 acre. To your credit, the honorable members of the City Council and City Planning Commission have supported our views by rejecting all past rezoning proposals to reduce lot sizes in this area. This has provided controlled development, maintained our country -like atmosphere and minimized the impact on the wildlife and wetlands, while preserving the character of our neighborhoods. I ask that Petition 98-10-1-19 be rejected based on our previous arguments that RI zoning is inappropriate to the surrounding area south of Six Mile Road, and would set a precedent that would provide the excuse to rezone other properties as they become available. It would also increase the inconsistency of the zoning that currently exists in this area of Six Mile Road, with mixed commercial, ojJ1'ce and residential zoning revealing a lack of sound future planing. A petition opposing this rezoning proposal has been signed by 79 homeowners and is submitted for your consideration. In addition, we have four other letters in opposition: Stephen and Karen Anleitner, 29572 Munger; Nancy Henderson of 29900 Munger; Thomas and Marilyn Vasselion; Marcia and Richard Munio, 16927 Oporto. Mr. McCann: Ladies and Gentlemen of the audience, I have been told by the petitioner through the Planning Director that there is some complication as to the plan to go forward. They are going to ask to have this tabled, however we are going to go forward and hold the Public Hearing to receive your comments. At the next hearing, those of you who received a letter or notice, we are going to reissue those notices for the next time the hearing will be held. Anyone who wants to be notified who wasn't notified, you 16523 may leave your name and address with the secretary, Mrs. Urbanski, to make sure that you are notified of the next hearing. Since we are holding the public hearing tonight, I am going to open the floor first to the petitioner if there is anything you want to tell us to put your comments on the record. Bill Roskelly, 33177 Schoolcraft, Livonia: Mr. Soave asked me to represent him in this issue. As you just pointed out, at 4:00 this evening he indicated to me there was some discrepancy in the land he is buying as to the configuration and shape. Therefore, as you pointed out, we are formally asking that this be tabled. In view of the fact that a portion of this is Office Zoning, Mr. Soave would have the option to either include or exclude the office zoning and use this site for a future office. He has chosen to give up the office zoning in lieu of 60'x120' lots. I would prefer not to make any more comments at this time. Mr. McCann: Is there anyone in the audience who wishes to speak tonight to this issue? Lance Boyd, 16944 Oporto: The property does abut my backyard, so whatever we decide on this is going to directly affect what I see when I go into my backyard. Presently, my largest concern is the drainage. Right now from spring into early summer I have a pond in the backyard. If they build behind there, there will be no ground to soak up the extra rainfall. I am worried it will run off into my yard. Mr. McCann: Let me satisfy you in that respect. We already have a letter from the Engineering Department that they may require them to have storm retention in there. The Engineering Department before a site plan is approved, as I believe this will be a condominium site plan, they would have to come up with certain formulas the City has worked to redistribute all that water that is currently building up on that property. That would not be before us as tonight is just a zoning issue. Mr. Boyd: I also feel that the half -acre minimum should be maintained to maintain the property values. I paid quite a bit for my home there, and I don't want to see my property values decline. Mr. McCann: I also want to state for the record that we did get all those letters and those letters will remain as part of the file. The petition that was filed will remain with the file and if this petition is brought back, all that will be part of the record and will not need to be reproduced. Jim Gibson, 16978 Oporto: I am lots 23 and 22. I purchased my home in 1977 and I moved to Livonia in 1954. I have gone through the Livonia school system and really love Livonia. I've always lived on large lots. I use to live behind Ward Church before it was Ward Church. I have seen lots of 16524 construction. As a small boy I remember the building on Six Mile, but I didn't really realize where they put all the dirt until one of my schoolmates, who lives on the north side of Six Mile, found out through the problems they had with drainage that back then the fathers weren't quite as wise as you have been. I watch quite a bit of cable TV, so I am aware of what you do. Looking at the drainage and looking out my backyard, as I look over to the medical clinic and the things that are there, because of their drainage and disbursement of water, even though I have three to four feet of water in my backyard, thanks to the lady who built the subdivision with the new smaller homes, she did put in some drainage. It almost looks like we built up the area about three feet higher than it really was. When I went down to the Engineering Department, I asked for the topographical drawings to try and see the geographical flow of the water because I was told through history the natural flow should run from the west to the east. When I was in the Engineering Department getting some drawings, we were discussing the wall that was built there. When we moved in, I was amazed how high the water table is. The block wall is a concern of mine whether it is to be torn down or stay, and I know you as the fathers have to decide what to do. I am interested as to who would make that decision. I was a little concerned with the swale and the retention pond if that would be done similar to the pond over on Inkster Road, and the verbiage where it says he has to require an easement. If you could explain those things, I would appreciate it. Mr. Nagy: The storm water drain as I understand it is in Munger Avenue, therefore in order to approach Munger Avenue, an easement will have to be obtained through one of the residential properties. With respect to the wall, I am not sure what wall other than the screen wall on the OS zone where it adjoins the residential lots on Munger Avenue. I don't know of any other wall in the area. Mr. Gibson: I am referring to that one. My concern as far as the drainage went-Veri built the three small homes and at the time when they were asked to tear down the one small home, I approached the city about having the drainage extended north down that property line to elevate the water, and at the time the city basically told me that even if I wanted to pay for it, it couldn't happen because of the tree line. If we look at the westerly red line on Mr. Soave's property, is that where you are indicating that he would have to run his beehive going from the north part of my lot all the way down where that tree line is? Would he have to excavate that to make a 16"-18" drain line? Mr. Nagy: It hasn't been decided. He would have to pick it up there, but whether he goes from there and moves south to Munger Avenue or carries it easterly through his subdivision and then goes south, I think those are his options he will have to look at it in terms of how it works out in regards to his 16525 development, where the cul-de-sac will end, how the lots themselves will be configured. My best guess is that he wouldn't pick it up there. He would go with the natural fall of the property to the east and then try to put it under Munger Avenue at a point further east. Mr. Gibson: Sir, the retention water from the northern section of the quadrant would have to flow through everyone's backyard to get to it. It's a drainage issue, and I don't know where to go to ask the question. Mr. Nagy: That is my best guess. It will be picked up in rear yard drains within that storm sewer system and Mr. Soave will put it in as part of the development and it will be piped underground from Munger Avenue. We are premature at this stage. We are talking zoning, so we don't know all the engineering details. Mr. Gibson: The last question I have is the rural being turned into small residential. This happened on Merriman just south of Seven Mile. The people there have much larger lots than we do and then they built a subdivision. The homeowners that had the rural atmosphere, they were told they had to control the poison ivy weed control because it was on that property. Where would we address that type of change of environment to kill off all the poison ivy and different animals? Would that be city hall? Mr. McCann: I am not familiar with it. Mr. Nagy: I am not familiar with those problems, but all of those details go with the actual plan itself. Right now we are talking about a waxer issue instead of the density and lot sizes and those kinds of things. Nancy Henderson, lot 27, 29900 Munger: I sent a letter. Do all the members of the Board get copies of the letters? Mr. McCann: We get a packet with the letters and petitions, but again, those are going to be held off until the next hearing. If the petitioner decides to go forward, those are part of the package. We will keep them on file and forward them with our recommendation to the City Council. Ms. Henderson: I have a number of concerns that have already been mentioned. I am on the east side there where Mr. Nagy is indicating the drainage may end up at. There is a brick wall there and that is cited in my letter, and it is a concern of mine because water is on it now. Mr. McCann: I understand, but again, the water issue is going to have to wait because they will come back because it will be a site condo. We will discuss some of those issues when it comes back as a site condo, but the Engineering Department is the one, when we get to that point, who will assess it and 16526 see whether it is proper, to see whether it is a sufficient plan. Tonight it is just a question of whether or not the parties believe that the R-1 is proper zoning in place of the OS and the RUF. Ms. Henderson: As I indicated in my letter, my property was purchased because of the zoning of the surrounding area, including the office services, and knowing that houses would be built to keep it a country atmosphere. As I said in my letter, I would be very disappointed to see it change otherwise. Emma Alholinna, 29931 Munger: I would like to know if I can add a letter to the pile tonight. Mr. McCann: Absolutely. Would you like to read it tonight? Mrs. Alholinna: My husband and I would like to register our strong disapproval of the request for rezoning of the property located on the south side of Six Mile Road between Oporto and Middlebelt. Our concerns are multiple. We believe that these concerns are in the interest of the community. 1) elevation map of the area shows this to be a low-lying area. 2) Trees and wildlife still exist on this property and enhance the area. 3) Traffic will increase on Munger and Oporto as residents of the proposed project try to avoid one of the busiest Livonia intersections. 4) History shows us that construction and regrading of properties with swamp like characteristics causes a shift of water to adjacent property. Please keep these issues in mind as you consider the will of the community. You have already addressed these issues and I just wanted to add our concerns. Mr. Roskelly: The petitioner is saying perhaps a trade-off of the office zoning for R-1, or if it remains as is, then certainly he would have the right to put an office on that piece of land that is so zoned. There was no one else wishing to be heard regarding this item, and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-10-1-19 closed. On a motion by Mr. Alanskas, seconded by Mrs. Koons and unanimously approved, it was #12-200-98 RESOLVED, that pursuant to a Public Hearing having been held on December 15, 1998 on Petition 98-10-1-19 by Leo Soave requesting to rezone property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the NE 1/4 of Section 14 from RUFA and OS to R-1, the City Planning commission does hereby determine to table Petition 98-10-1-19 to date uncertain. 16527 FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-10-1-20 by John J. Wheeler, on behalf of Lawrence G. and Nannette M. Prieur, requesting to rezone property located on the north side of Plymouth Road between Chase Boulevard and Newburgh Road in the SE 1/4 of Section 30 from RUF to R-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from the Engineering Division dated November 20, 1998 stating they have no objection to the petition. That is signed by John P. Hill, Assistant City Engineer, and that is the extent of our correspondence. John Wheeler, 29245 Marvin Road, Farmington Hills: You probably recall that I was in a month or so ago. I own the property to the west, all the way up to Hunter's Point Subdivision. I have an agreement with the Prieurs to purchase the back two parcels which would extend Birch Road all the way up to the Fire Department and the people would maintain their residence there on Plymouth Road. Mr. LaPine: In Mr. Miller's presentation, I understood him to say that that one parcel to the west was owned by the city and was at Council for rezoning? Mr. Nagy: It is not owned by the City. It is owned by Mr. Wheeler. There is a petition that Mr. Wheeler previously filed and the Planning commission recommended approval. That is scheduled at the Council level on January 25. Mr. LaPine: So the parcel that we are hearing tonight, and the parcel that is being rezoned will be combined to two different lots. Mr. Wheeler: Correct. I already have the road in on the first six parcels, and what I will do is to continue the road up to the city property. There was no one else wishing to be heard regarding this item, and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-10-1-20 closed. On a motion duly made by Mr. Alanskas, seconded by Mr. LaPine and unanimously approved, it was 16528 #12-201-98 RESOLVED, that pursuant to a Public Hearing having been held on December 15, 1998 on Petition 98-10-1-20 by John J. Wheeler, on behalf of Lawrence G. and Nanette M. Prieur, requesting to rezone property located on the north side of Plymouth Road between Chase Boulevard and Newburgh Road in the SE 1/4 of Section 30 from RUF to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 98-10-1-20 be approved for the following reasons: 1) That the proposed change of zoning is supported by the Future Land Use Plan; 2) That the proposed change of zoning is consistent with the developing character of the area; 3) That the proposed change of zoning is a logical extension of an existing zoning district in the area; and 4) That the proposed change of zoning provides a compatible zoning district for the subject area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-21 by Jane Harrison requesting waiver use approval to operate a new and used clothing store within the Plymouth Square Shopping Center located on the south side of Plymouth Road between Merriman Road and Denne Avenue in the NW 1/4 of Section 35. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from John Gibbs, Traffic Bureau, stating they have no objections to this petition. There is a letter from the Engineering Division stating they have no objection. That is signed by John P. Hill, Assistant City Engineer. A letter dated December 4 from James E. Corcoran, Fire Marshal, state the Fire Department has no objections. A letter from the Inspection Department reads as follows: Pursuant to your request of November 10, 1998, the site plan for the above subject petition has been reviewed. The following is noted. 1) There are two dumpsters on the southwest corner of the property. One is not in an enclosure. The gates on the dumpster enclosure need repair. 2) The approach of Denne is in 16529 need of repair. 3) The parking areas need to be repaired, resealed and restriped. We trust this has provided the requested information. That is signed by David M. Woodcox, Sr. Building Inspector. That is the extent of our correspondence. Jane Harrison, 31505 Henipen, Garden City: The store is going to be a new and used clothing store, mostly by consignment. Everything in the store will be on racks, on hangers. Everything will be either dry cleaned or clean. Everything will have no rips, no tears. If you walked into the store you would not know you were not in a new store. It will be very neat, very clean, very color coordinated. I will have a window display that will be very minimal and well planned and color coordinated to the rest of the store. I have been shopping. I am a great shopper. I have enough merchandise to open the store and to run for quite a while without any assistance. Once the store gets going and people know where it is at and the advertisement gets rolling, there will be people who will bring things in and shop. When they bring things in, it will be sold under consignment. I will have the say on what things will be taken into the store, and I will also be the one who will set the prices. After 30 days if something is not sold, it will be reduced in price. After 60 days if it is still there, the person will be notified and they can either pick it up or I will donate it, probably to a women's refuge. Mr. LaPine: Do you have any other stores in any other community? Ms. Harrison: No. Mr. LaPine: When you say new and used, the new merchandise is brand new like you would go to Hudson's or one of those stores, or are you buying the closeouts from other big department stores that can't sell certain merchandise? Ms. Harrison: Both. Mr. LaPine: What is the percentage of new and used? Ms. Harrison: I would hope that at least 35% of the store would be new. I don't have any control over the consignments at this point because I have to wait until people know that I am there. I have the ability that if I don't have enough consignments that I will have stock in the store. Mr. LaPine: Are these stores successful? Ms. Harrison: Yes, they are very successful. 16530 Mr. LaPine: Does your clientele come basically from our community, or surrounding communities? What is your radius? Ms. Harrison: I would say that probably 80% of it would come from within the community. I did some homework and there are not any other stores in the immediate area. The closest one is a little over three miles away. It is on Five Mile and Farmington. Mr. Alanskas: When someone would walk into your store, how would they know what is new and what is used? Ms. Harrison: They probably wouldn't. Mr. Alanskas: You wouldn't have one rack that said new merchandise, and another that said used? Ms. Harrison: No. Anyone who shops knows what a consignment shop is. Anything in the store that is brand new and still has the tags on it they would know for sure. If someone brought something in on consignment and it looked new, I wouldn't know the difference either. Mr. Alanskas: I have been in the store on Five Mile and Farmington and I agree with you. When you walk in that store, you cannot tell which is the new merchandise. It is very well done. Everything that you get into the store is dry cleaned before it goes on the shelf? Ms. Harrison: Right. Ms. Harrison: If it is not sold, that is at your expense. Ms. Harrison: Yes. Mr. Piercecchi: Would your startup be all new? Ms. Harrison: No. I have about 30-40% new. Mr. Piercecchi: Where will you get your initial merchandise? Ms. Harrison: I have been shopping for about a year. Mr. Piercecchi: Are you going to reduce the clothing that is not new? Ms. Harrison: Everything will be reduced that is not sold in 30 days. Mr. McCann: Mr. Parz, we do have a couple of questions for you. Did you hear the Inspection report? 16531 Ron Parz: I was somewhat surprised to hear the Inspection report. This is what we've done this year. We painted the building to the tune of $7200, replaced the sign at $6500, replaced the roof at $33,000, replaced three air conditioning units at a tune of $17-18,000. On top of that, a few days ago I threw myself on the mercy of Mr. Fegan, the Building Director, and showed him the contract of which I have signed, executed, and which will do about $17,000 worth of paving the first of next spring. That will take care of retopping, resealing, restriping, and in addition to that we are now out replacing some landscaping that has become overgrown because the center is now overgrown. Mr. McCann: And you will handle the dumpster correction? Mr. Parz: I will talk to Mr. Woodcox because he would be doing me a favor by asking that the dumpster be removed from the site or enclosed. I would prefer to take that second dumpster and move it. It is troublesome. Pizza Hut one day came in and put a dumpster in there when I happened to be gone for a month or so, and someone from my office approved it. By the time I got there, it turned into a much bigger thing then it should have. If Mr. Woodcox would send me a letter saying get rid of that dumpster or enclose it, then I could pass that on to Pizza Hut. I know what will happen; they will get rid of it. Mr. McCann: I think that the concern is that the paving will be done in the spring, and there will be some resolution to the extra dumpster, and the doors will be repaired and painted. Mr. Parz: I have a problem with the doors on the dumpster. Those people who come in with those big trucks, they don't get out of the truck. They are union people and they won't get out of the truck and open the gates. They open them up with the fork lift. They are always being smashed in. Mr. McCann: You should look to them to repair the gates then. Mr. Parz: That could be true. Mr. Alanskas: What we do at our place, we know roughly what time they are coming so our employees go out and open the gates, so when they come, they just pull up, pick it up, switch it and they are gone. Mr. Parz: I understand, but at the shopping center we have approximately 32 tenants. Do we lock them, or how do we enclose them because I do have a problem with some of the tenants getting into the dumpster. We do have a service that comes in once a week and picks up all the trash around the dumpsters and throws it back into the dumpsters. We try and police the area as much 16532 as possible. I know it will be a problem because of the 32 different tenants that I have at that shopping center, and they will open the gates and not close them. I have no problem with getting rid of the second dumpster, and I have no problem with paving that parking lot, and I don't want to mislead you and say that I can go out there and repair the gates, but I know I won't be able to keep them closed and eventually those gates are going to be shattered. Mr. McCann: The minutes are going to go to the City Council, so you will be able to deal with them on this issue and I'm sure you will be able to straighten it out. There was no one else wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-11-2-21 closed. On a motion duly made by Mrs. Koons, seconded by Mr. Alanskas and unanimously approved, it was #12-202-98 RESOLVED, that pursuant to a public hearing having been held by the City Planning Commission on December 15, 1998 on Petition 98-22-2-21 by Jane Harrison requesting waiver use approval to operate a new and used clothing store within the Plymouth Square Shopping Center located on the south side of Plymouth Road between Merriman Road and Denne Avenue in the NW 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 98-11-2-21 be approved subject to the following conditions: 1) That there shall be no outdoor sales, storage or display of merchandise; and 2) That the petitioner shall correct to the Inspection Department's satisfaction the site deficiencies as outlined in their correspondence dated December 3, 1998. For the following reasons: 1) That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site has the capacity to accommodate the proposed use; and 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. 16533 FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-22 by Rocky Zebari requesting waiver use approval to operate an auto repair shop within a portion of an existing building located on the south side of Eight Mile Road between Beatrice and Hugh Avenues in the NE 1/4 of Section 2. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from the Engineering Department stating they have no objections to this proposal. That is signed by John P. Hill, Assistant City Engineer. There is also a letter from John B. Gibbs of the Traffic Bureau stating the Police Department has no objection to the site plan as submitted. A letter from the Inspection Department reads: Pursuant to your request of November 12, 1998, the site plan for the above subject petition has been reviewed. The following is noted. 1) The dumpster site may be inaccessible. The trucks are approximately 35' in length, whereas only 32' is provided in front of the dumpster. 2) The building exterior needs to be repainted and stucco needs to be repaired. 3) Parking areas need to be repaired, resealed and double striped. I trust this has provided the requested information. That is signed by David M. Woodcox, Sr. Building Inspector. A letter from James E. Corcoran, Fire Marshal, states that the Fire Department has no objection to this petition. There is a letter received December 10, 1998 as follows: It is my concern if another auto repair shop were to be opened in the three block area that already has four auto repair stations, not only would it be bad for business, but I am concerned about the neighborhood. This shop faces a residential street with families. This is already a high traffic area and it would bring more traffic to the residential street. The environment is also in question with so many auto repair garages in such a small place I wonder if it is hazardous to the environment. The building that is in question has a liquor and food store that produces fresh food products. I frequent that store and don't understand why people would want to buy food next to a shop that has fumes, gas and chemicals. Children have to walk through that area to get to the store entrance. That is signed by Oklahoma Auto Care, 29835 West Eight Mile Rd., Livonia, MI 48152. We have a series of letters signed by 14 businesses on separate letters indicating that they have no objections to this proposal. We also have a petition signed by 26 residents of the area indicating that we the undersigned neighbors of the 16534 proposed Kim's Auto welcome the new business to the area. That is the extent of our correspondence. Al Tabaka, 33040, Scone, Livonia: I am an attorney in Plymouth, Michigan. I am here on behalf of Mr. Zebari. I just want to give a few comments. Mr. Zebari owns the building and has been there for 24 years. Previously the rear end of it was a welding shop at one time and also was a machine shop at one time. It's been vacant for the last ten or twelve years. The gentleman who is objecting from Oklahoma Gas, it should be indicated here that the proposed tenant was at one time a lessee of Oklahoma Gas station there. The problem effectively is that he was run out of there by a rental situation and was in his opinion one that he couldn't handle. Therefore, he looked for some other space. Of course being in the approximate area of this particular location, he spoke to Mr. Zebari who found that this might be a perfect situation for use which would assist him because his business has suffered some in this location. We believe it is compatible. People in the area don't object to it at all. The businesses generally accept this petitioner and we ask that the Planning Commission approve this petition. Mr. Piercecchi: I have no problem seeing a business expand. I do have questions and concerns here. They regard the transmission of sound into the store. have a problem with the door. What about ventilation? Mr. Tabaka: There is a complete barrier that is being put in; walls that have some degree of sound resistance that will prevent noise from just passing through. Mr. Piercecchi: You said some degree. Mr. Tabaka: There is nothing that is absolutely perfect in terms of preventing some noise, but I think it would be an effective use. It would be a fire wall and a deadening wall. When I say some degree, I imagine most of it would be block. Mr. Piercecchi: What about the ventilation and exhaust? Mr. Tabaka: Ventilation goes out the other way, not into the store. Mr. Piercecchi: By what means is it going to go out the other way? Mr. Zebari: The building would have its own ventilation and each garage door has its own ventilation. The proposed building would be totally sealed from the store. Mr. Piercecchi: What about the people working in there? 16535 Mr. Zebari: The fumes go out into the parking lot. Where they are installing, there is an exhaust fan. Mr. Piercecchi: The doors do not currently have that. Mr. Zebari: We will be installing new doors. Mr. Piercecchi: The up and down wood door that faces Beatrice, is that going to be replaced? Mr. Zebari: Yes, and there will be another door on the parking lot side. Mr. Piercecchi: Mr. Nagy, who gives a health and safety check on things of this nature to see if there are any health problems associated with this type of adjacent business? Mr. Nagy: The air handling equipment is handled by the Wayne County Health Department. Mr. Piercecchi: Would they have to get approval from the Wayne County Health Department too? Mr. Nagy: Yes. Mr. Piercecchi: In other words, after their renovations are done, the County would come in? Mr. Nagy: Before they could get an occupancy permit, they would have to pass all those appropriate inspections. Mr. LaPine: How many employees are going to be working there? Mr. Tabaka: Two people. There will be another gentleman running the shop, Mr. Kim. Mr. LaPine: Do they have hydraulic lifts or anything in there? Mr. Tabaka: They will be installed. Mr. LaPine: You can service two cars at one time, is that right? Mr. Tabaka: I think maybe up to three. Mr. LaPine: Other cars that would be there for repairs waiting to get in would be parked in the parking lot? Mr. Tabaka: Yes. 16536 Mr. LaPine: Would the cars be parked there overnight? Mr. Tabaka: Maybe, in some circumstances. As a rule, most of the work he does is done almost immediately. Mr. LaPine: Give me some background on Mr. Kim. Does he have experience in running a garage? Mr. Tabaka: Yes, he is licensed by the State of Michigan. He is a Master Mechanic. He has been doing this for about 15 years. Mr. LaPine: Will there be oil changes done here, and where are you storing the used oil? Mr. Sang Kim, 1215 Torpey, Troy: I am going to have a waste tank which is going to be 250 gallons. Every time the tank is full, I will call the waste company and they will pick it up. Mr. LaPine: It will be kept inside the building? Mr. Kim: Yes. If the City allows me to do it, I can leave it outside of the building. Mr. LaPine: I don't want it outside. Are you just doing general mechanical work? You are not doing overhauling of engines, pulling engines or anything like that? Mr. Kim: Most of the repairs are minor. No body work of any kind. Mr. Alanskas: Mr. Zebari, is there a complete system in case there is a fire in there? Mr. Zebari: We have fire extinguishers, but no sprinkler system. Mr. Alanskas: Didn't you have a pretty severe fire in there a few years ago? Mr. Zebari: About seven years ago. Mr. Alanskas: How was the fire put out? Mr. Zebari: By the Fire Department. There was no fire, only smoke damage. Mr. Alanskas to Mr. Nagy: Shouldn't there be something besides fire extinguishers in that building? Mr. Nagy: There has to be a fire suppression system. 16537 Mr. Zebari: I wasn't aware of that. Mr. LaPine: Is this whole area going to be fenced in? The parking lot and everything? Mr. Zebari: I don't have a fence. They belong to my neighbors. Mr. Tabaka: There's a landscaping business to the south and a septic tank that runs down Beatrice. Jim Redman: I own a business on Eight Mile, 29917 W. Eight Mile Road, Evergreen Sprinkler Company. I have an issue with this proposal from the standpoint of outside storage. I have been in my facility there for 20 years. I am presently facing Oklahoma Gas, which has outside storage and cars, junkers, that are sitting there and being sold off this property. I am just concerned about another facility where we have a fenced -in open - storage situation. It seems we are overloaded with that along that strip of Eight Mile. I have no problem with the individual. I know the individual, Kim, but I am concerned about where this is going to lead with outside vehicles and what the situation would be. The other issue relative to the city or whoever is responsible for policing these areas, is not cooperating as far as I am concerned, particularly Oklahoma Gas. They are selling vehicles out of there that their waiver does not allow. I have made several complaints. I am just concerned about the overall picture of the landscape around me. At least in a two block stretch along Eight Mile, I am the only one that maintains my property and the rest just go by the wayside. I am very upset by what is going on around me. Maybe if this particular piece of property were policed properly and they comply with the rules with no overnight storage, with no transmission overhauls and engine overhauls which I look at across the street --I mean I am just totally upset about the total picture of northeast Livonia. James Hamilton, 20511 Beatrice: I am the second lot off the street on the west side. My biggest concerns are the property in this area has been under construction continually since I have been there in the last three years. The are renovating the inside of the store. My front porch views their parking lot. I had to speak with the city to get them to move their dumpster because of debris. I don't think a dump truck could handle the debris that continually is being generated by construction or store use. Their property right now is very clean and I am wondering if that is why the property looks so good now because they are doing this petition. They now have another dumpster back in the southwest corner back where the original one was which is from the mechanical shop. That parking lot floods every time it rains. There is always 2"-3", maybe 4" of standing water at all times when it rains. When it rains severally it runs off of Eight Mile down my street, over the road and into my property and adjacent property. We have a new house. I haven't been able to get hold of the owner because the home is 16538 under construction and he is in the interim of travelling. I am sure he is not going to want to look at a parking lot outside of his front door. His front door is directly across the street from this parking lot. Things that have to be considered are the debris and refuse that are generated. Anti freeze which is caustic and deadly to people, animals and the environment. Oil, sound, transmission fluid. I don't know if they have changed the construction of the wall they are building in this store. I used to work in the food industry. If you have food and anything else, they have to be divided by concrete solid walls. Not a porous concrete wall. Carbon monoxide will go through a brick wall. It is family-owned, I assume, so they will just be endangering their health as well. Is this petition for the petitioner to open a business, or just to say OK now that you are there, you can operate? Mr. McCann: He can't operate until he gets a waiver use. Mr. Hamilton: That's not been the case. A week and half ago I was driving down the street and the big wooden door that faces Beatrice had an engine -pulling stand and an engine laying on the sidewalk area between Beatrice and the back of the store. This was early in the morning. This will be the type of thing we will deal with. Come summertime, I don't want to listen to somebody wrenching all night long. I like to sit outside on my porch. It's bad enough having the septic company. I really don't want to see this come into my area. Mrs. Koons: Did you ever see this petition to sign in support? Mr. Hamilton: No. And there is no fence in that area worthwhile. I would ask the Board to look back at the history of this property, both through the police and also through public service for violations and complaints before you give this consideration. Tony Smith, 5161 Clarkston Road, Clarkston: I am the owner of Steller Towing 30057 West Eight Mile. I am speaking on behalf of myself and the other 14 businesses that you have signed petitions on in support of Kim to open this shop. It was because the circumstances that the owner continually raised the rent that he was forced out of the Oklahoma station, and he has worked very hard to build a clientele there, and he is trying to keep that clientele and to feed his family in the fashion they are accustomed to. He has always been an honest, hard-working guy. He has always kept everything clean as far as I know. When he was the primary tenant of the Oklahoma gas station, the gentleman from the sprinkler company has legitimate concerns with the station and the disarray that it is in. I have voiced to the city the same concerns. But I think that you will find, if you go through the records, that that has only been in the last few months that Kim has been out of there. Kim runs a good business. He is an honest, hard- 16539 working guy. He is just trying to keep his business in the area and maintain that clientele. Mr. Hamilton: These gentlemen approaching the Board are business people. Their life in this building consists of 9:00 to 5:00. I am a property owner. I live in this property. I would appreciate this being considered. Mr. Alanskas to the owner: I have been in your store many, many times. Have you ever considered using that back area and expanding the store to better serve your customers? Mr. Zebari: I have no use for it. My business has been in decline for the last 5 to 6 years due to competition. I cannot afford to have a bigger store. I keep my property clean and no one asked me to move the dumpster. I did it on my own because one of my neighbors asked me nicely. Mr. Alanskas to Mr. Nagy: When we approved our resolution, they promised to move all the debris. Would you put a report to the Inspection Department again and have the inspectors drop by and try and have that picked up. Mr. Zebari: I ask the Board to approve this petition because for financial reasons I cannot afford to occupy that section of the store and I am looking at this time to try and move the store somewhere else. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition98-11-2-22 closed. Mr. LaPine to Mr. Nagy: Is he operating out of there now? Mr. Nagy: Not that I am aware of. Mr. LaPine: I noticed in the back when I site checked it that there is a new door in the back. Is that to the shop, the area that is going to be the repair shop? Mr. Nagy: I believe so. To that extent, the site plan is somewhat inconsistent with the information we heard tonight. The fact that there is going to be another overhead door that is not shown on the plan. If you add that door, it will remove a parking space. On the site plan tabulation, they indicate there is one employee and we heard tonight there is two, so with the loss of the parking space, the access to the building, the additional employee, there is a question now if they actually do meet the off-street parking. The plan itself needs to be updated to reflect exactly what they intend to do. On a motion duly made by Mr. Alanskas, seconded by Mr. LaPine and unanimously approved, it was 16540 #12-203-98 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 15, 1998 on Petition 98-11-2-22 by Rocky Zebari requesting waiver use approval to operate an auto repair shop within a portion of an existing building located on the south side of Eight Mile Road between Beatrice and Hugh Avenues in the NE 1/4 of Section 2, the Planning Commission does hereby recommend to the City Council that Petition 98-11-2-22 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2) That the proposal fails to comply with Section 16.11 (a)(1) of the Zoning Ordinance relative to required fencing; 3) That the proposal does not indicate that the required protective wall or greenbelt will be provided along the south property line where the site adjoins residential zoning to the south; 4) That the petitioner has failed to submit a detailed landscape plan that is in compliance with Section 19.060) of the Zoning Ordinance; 5) That this area of the City is already adequately served by similar uses; 6) That the proposed use is incompatible to and not in harmony with surrounding uses in the area; 7) That the information submitted does not verify that the proposed use has been designed to eliminate any possible nuisance likely to emanate therefrom which might be noxious to the occupants of other nearly uses, whether by reasons of chemicals, noise, fumes, vibration, smoke or lights; and 8) That the petition has filed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 16541 Mr. McCann: I have looked at this area and I realize there is some support from the neighbors, there is some support from other businesses in the area, but we are a planning board here and we have to work out what the future is going to hold for the city. We have taken the Future Land Use Plan and the current zoning and said that south, the first businesses on Eight Mile Road we are trying to maintain as residential area. We are trying to move from manufacturing to light manufacturing or business operations along Eight Mile. We are trying to help the businesses clean up that area and go into a less intrusive use. The reason that this is a waiver use is because automobile repair facilities generally do intrude a little bit into the surrounding areas with noise, parking of vehicles and other things not associated with other uses. There are neighbors directly across the street and directly south, and I think expanding the use is not what is intended for that area and would not benefit it, so I am going to vote against it. You have ten days in which to appeal to the City Council. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-23 by T. Rogvoy Associates, Inc., on behalf of Millennium Park, L.L.C., requesting waiver use approval to construct a Meijer's, Home Depot, Borders Books and Music store and a five (5) tenant building on property located on the east side of Middlebelt Road between Schoolcraft Road and the CSX Railroad right-of-way in the NW 1/4 of Section 25. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from the Engineering Division as follows: Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The legal description provided with the proposed site plan is acceptable to this department and should be used in connection therewith. The Engineering Division has the following concerns with the proposed construction: 1) The developer should size the detention basin to meet the ultimate development of both the commercial and industrial improvements not just the commercial, as shown on Plan Sheet No. 8A. 2) The developer would be required to provide easements for on-site public water and sanitary lines. We trust this will provide you with the information requested. Please feel free to contact this office should you have any questions. That is signed by John P. Hill, Assistant City Engineer. That is the extent of our correspondence. Marvin Walkon, 5 Manorwood, Bloomfield Hills, Michigan: I would first like to begin by making some introductions. We have tonight two of my partners, Fred and Tom Goldberg, we have Scott Nowakowski, who is the senior real estate representative from Meijers, Tim Plat, the real estate Manager from Home Depot, Mark Drane, the Project architect from Rogvoy, we have T...... who is our traffic engineer, and we have Ralph Nunez who is our 16542 landscape architect. Our intention tonight is that Mark Drane will give an overall picture of the development. We have appeared before you in a study committee meeting. At this time I would like to take the opportunity to withdraw the request for packaged liquor at Meijer's store. Mr. Mark Drane, 6735 Telegraph Road, Suite 300, Bloomfield Hills, Michigan: (Mr. Drane set up display boards). Mr. LaPine to Mr. Nagy: Are we looking at this as one parcel? I may not have an objection to some of these buildings, but I may have a objection to another one. Mr. Nagy: The overall site plan because of the shared parking, driveway ingress and egress is as one, but the various uses that come before you with respect to waiver use approval can be dealt with on an individual basis. If you choose to deny one and not the rest, that one would fall. Mr. Drane: We are looking at the planning of 67 acres of the total building presented tonight. The parcel is 550,000 sq.ft. We exceed the parking required on site. The parking on the site is 3285 parking spaces, 10'x20', double striped. Our handicap spaces are ahnost doubled. One of the most important features of the site is that landscaping required is 441,000 sq. ft. and we are providing 490,000 sq. ft. The current drive for the DRC, which is misaligned to what is across the street, we will take care of that issue. We have three out lots. We are looking at boulevard entries. We are looking at low walls, berms and landscaping along Middlebelt Road. The pond is designed to allow no more runoff on the site than it is presently. Meijer's broke the mold here and they went ahead and went the extra yard and said I'm a big store, but I want to look small. They have done some interesting things with their architecture. We carried that theme throughout the entire park. What we are looking at essentially for the entire development is three different colors of brick, different colors of cornices and dental detailing work. We are looking at taking these big facades and breaking them up; lots of glass, different color canopies. The five -tenant building is similar architecture. The idea is to bring a village theme to this whole project. We were able to bring a lot of landscaping up against the building to soften that edge of the building with some upright trees and some low evergreens and ornamental trees to add some color in the spring. All the sidewalks are contiguous with the front drive, which are also contiguous to the parking area. The sides of the building are brick and the front of the buildings are 90% brick. The back of the building is brick on top with a rock face rustic block on the base of the building. We are looking at creating an entry feature that has an architectural base to it, so we are looking at low walls that are curved. Behind the wall we are looking at little taller evergreens to give it a back drop and behind the evergreens we are looking at providing an ornamental tree. It gives us a 16543 nice streetscape that layers back to the street to give a street presence because it is going to be difficult to see some of the back buildings. This is the Home Depot building. The common theme you will see between this building and the five -tenant building is there a base color brick and what we have done is create a building fagade inlay on top with different colored brick. I have some samples here. The Borders Books is delineated in the package. (showed awning colors, the garden center, sky lights, clock tower, metal roofing color) Mr. Piercecchi: One of my major concerns at the initiation of this program was the ultimate magnitude of this project and its impact on the rest of the City businesses. Although I don't think that issue has been totally addressed by an independent study, the appearance of this layout here, do I assume the maximum number of tenants in this 67 acres would be 13? Mr. Drane: Yes. The five out lots, Home Depe/1, Meijers, Borders and the five -tenant building. Fred Goldberg, 6735 Telegraph Road, Bloomfield Hills: I think that the concept we are currently working under is that the 140,000 foot building here will be no more than five buildings. That is consistent with what my partner and I have had discussions with Council. The Home Depot is today a Home Depot, there is a Meijers and out lots. The Borders is a proposed Borders. If Borders does not go forward as planned, then that building could have two tenants. It is a possibility and I don't want to mislead any one on the commission. The outline of that building, 25,000 sq. ft., won't be any bigger than that. Mr. Piercecchi: I am really concerned about splitting, and splitting, and splitting. I would like to come up with some number. I feel that if we end up with 20 or 30 or 40 tenants in there, I would rather have some assurance that there would be 13 or 14. Mr. Goldberg: At this point in time, I just have to reiterate what I said, that I can't say that 10 or 15 years from now the Home Depot store couldn't be divided in half. I think the whole concept of growth and planning is that if we have any buildings bigger than 30,000 feet we have to come back to you to get a waiver use regardless of what the zoning is. We have an accurate representation here of what exists today. What is cast in stone today is the five right there. There will be no more than five stores totaling 140,000 sq.ft. The Meijer's representatives and Home Depot people are here and those stores have committed to this site. Mr. Piercecchi: So with a certain degree of confidence, it will not get out of hand with 20 or 30 stores. 16544 Mr. Goldberg: There is no intention here to have a bunch of small tenants. Mr. Piercecchi: We can't predict the future, I understand that. The current thinking and the current plans are basically to limit it to 13 if Borders signs on. Mr. Goldberg: Borders isn't signed, so I don't want to misrepresent anything to you. That is a correct characterization at this point in time. Mr. LaPine: Is there any possibility that the buildings B, C, D and F, the 140,000 sq. ft. building, that if a big box tenant came in and wanted to take that whole thing, they could take it as one building? Mr. Goldberg: It is certainly a possibility, but we don't see it as likely. It is possible that it could only be four buildings. Mrs. Koons to Mr. Nagy: When buildings do come in for the out lots, will those come before us? Mr. Nagy: They will come before you either as a site plan approval or waiver use approval or both. Mrs. Koons: How many Meijer's are currently in Michigan? Scott Nowakowski, Meijer's, Grand Rapids, Michigan: I've never counted them Currently we have 120 stores, and the majority of those are in Michigan. I would say in the ball park of 80. Mrs. Koons: The mileage from the proposed Meijers to the Meijers on Haggerty Road and Warren? Mr. Nowakowski: I would say about eight miles from both. Mrs. Koons: Do you have other Meijers in that close proximity anywhere else? Mr. Nowakowski: We have Meijer's stores closer than that. We have some three miles apart. In Macomb County on Sixteen Mile Road we have two stores three miles apart, and another one three miles north of that in Fraser. This is a very healthy spacing. Six miles is what we feel very comfortable with. Mrs. Koons to Mr. Nunez, Landscape Architect: The entry with the tiered plantings on the wall, what is the actual footage of that greenbelt from the road to where the parking lot or drive starts? 16545 Ralph Nunez, Design Team Ltd., 20505 W. Twelve Mile, Southgate: About 80'. The typical berm in front is about 35' which is extensive. It will undulate up and down. Mr. Alanskas: I want to read on your landscape general notes, All new lawn areas to be sodded over 6" of topsoil. The existing lawns are to be restored to uniform dense and healthy turf which resembles new turf areas. Soil is to be level, porous, organic and capable of supporting good turf growth. In your entire landscaping, what percent is going to be new sod? Mr. Nunez: Roughly, the square footage required is 15% and it is 17%. (Mr. Nunez showed which areas would be sodded and which seeded). Mr. Alanskas: Why are those areas seeded? Why couldn't they be sodded? The cost isn't that much more. Mr. Nunez: Sod area is running around $2.50 to $2.75 a square yard. Mr. Alanskas: I can go to a landscape store here in Livonia myself as a retailer and get it for $1.15 one yard. Why would it cost you $2.50 for enormous amounts of sod? Mr. Nunez: Just due to the construction environment right now in the State of Michigan. Not only sod, but also all the other vegatation. We are not landscape contractors, we are landscape architects. Mr. Alanskas: I see nothing here as to irrigation. Mr. Nunez: There is a note on the plans that there is an automatic irrigation system for the entire area. Mr. McCann: Hydroseeding is not as great a concern to me as the out lots. If you take a look at the board, west off of Middlebelt Road on the north side of the drive entryway, on the south side of the drive you have very dense plantings. Those buildings will face the south because that is where the parking is. It will be the entranceway for whatever out lot buildings you have. Mr. Drane: I think Champp's is the only one who broke the rule and actually faces the side, but most of the restaurants or banks that we've done face the main drive and have as little parking in front as possible. Mr. McCann: I am concerned about the density of the landscaping along there. Further you have landscaping on both sides. Are you intending on putting bushes in there at this time on the south side? 16546 Mr. Drane: We do plan on putting in the street trees at this time. Mr. McCann: For now the landscaping is sufficient as long as there is not a building there, but when we start putting in dumpsters, loading docks in back, I want to make sure there is sufficient landscaping to back up to the road. Mr. Drane: We have a greenbelt in front with the street trees and then when you get into each individual parcel, there will be parking within those parcels. The intent is to try and keep these buildings as close to the boulevard entry as possible to create as much of a streetscape as possible. Mr. McCann: Is there a plan to landscape or do something to cover the rear of the building? It doesn't appear that we have a greenbelt to protect the back of the buildings. Mr. Drane: A good example would be the Macaroni Grill or Champps where they have the dumpster enclosures actually attached and they look to be a part of the architecture of the building. That is the intent. The loading areas will be tucked against the buildings. The dumpster and refuse facilities will be attached to the building. We don't expect those service uses to be out facing the parking lot, but will be contained to the building. Mr. LaPine to Meijers: When you take a market study, what do you consider a radius of your drawing? Mr. Nowakowski: If it is a multi store market, it will be an odd shaped trade area. For example, this side would be half way between here and Northville. Then as we go farther north, it will be longer than 3 or 4 or 5 miles, and it will be elongated along the expressway, so it is a very odd configuration to compute the trade area. Mr. LaPine: Going east along the Jefferies toward Detroit, where is your closest Meijer's store to the east? I know you don't have any in Redford Township. Do you have any Meijer's stores in Detroit? Mr. Nowakowski: No, we do not. Mr. LaPine to the representative of Home Depot: If Home Quarters couldn't make it at this location, and you have Home Depot one mile away in Redford Township, what make you think this is going to be viable and not have the same thing that happened with Builder's Square and Home Quarters who are here 3 or 4 years and then they are gone. Mr. Plat: First of all, just the strength of the corporation overall. Home Depot is a $30 billion company. One of the issues that has come up and asked is what is going to happen to the Redford store? It is our plan at the present 16547 time to keep that open, to put an emphasis on more commercial contractor sales and emphasize this as our retail. We do pretty intense market studies and they show we can support both stores. Mr. LaPine: What do you think is the reason why 2 Home Quarters and 2 Builders Squares went under? Mr. Plat: Poor management. Mr. LaPine to Mr. Nowakowski: This is a 24 hour operation. What kind of security are we going to have here? It is so close to the expressway that it always creates a problem. Mr. Nowakowski: We are very sensitive to security. We have one of the finest security departments in the country. The reason we are what we are today is because it is imperative for Meijer to have an environment where mom can go and shop with her kids 24 hours a day. We have a staff of about 15 people. The parking lot is monitored 24 hours a day. We have the baggers who push the carts and they have special alarms that they carry with them that if there is any emergency, they can press that. We have hundreds of people coming on and off shifts and all of the management is instructed as to observe what is happening in the parking lot. So from the top all the way down, there is a chain of the people who work there. Everyone is tuned in to security in addition to our loss prevention department. Mr. LaPine: That was one of my concerns because you did have that problem last year at Haggerty and Eight Mile. Is the front of the building of the Home Depot going to be similar to the face of Meijer's? Mr. Drane: Yes. We are going to be using the same masonry materials and we are going to be using that same look. We are going to be putting fagade next to fagade to break up that great expanse. Mr. LaPine: And the same thing will be at the Border's if the Border's comes in? Mr. Drane: Yes. Mr. LaPine: And the same thing will be followed through on the five tenant building? Mr. Drane: Yes. Mr. Piercecchi: I have a comment on that. I don't know how the safety is going to be on this corner, but I took the trouble to contact Northville Township to find out some of the history on crime of the Meijer's operation on Eight 16548 Mile and Haggerty, and it was very, very good. There was practically no theft. Most of the problems were between individuals in the parking lot. Mr. Alanskas to Home Depot: I shop at both your stores, here and at Redford, and I have noticed that since your competition is no longer with us, it seems like that when you go in the stores now there are less people working in your facilities. Are you cutting down on your work force? Mr. Plat: Not at all. It may give that impression because there are more people in our stores. I appreciate your comment and I will certainly discuss that with our management people. Mr. Alanskas: What percentage of your work force is part time in both stores? Mr. Plat: Twenty percent part-time, eighty percent full-time. For this store, we will employ approximately 175 people with an average hourly wage right now, not including benefits, of almost $11 an hour. Mr. Alanskas: In the past I know you could walk in your store and find someone just like that. They had their aprons on and you could spot them Lately it seems when you walk in and you want some help, they are not there. Mr. Plat: I appreciate your comment. One of the questions was how do we think we can make it. Everybody in our business sells the same type of goods. The only thing we can offer different than our competitor does is service. That is the one thing we pride ourselves on. That is what built us to an 800 store chain. Ralph Williams, 18630 Foch: My concern is the adequacy of the retention basin. I agree with Mr. Nagy when he mentioned that it should be considered in its entirety, all 194 acres, and if we allow for the 17% figure for vegation, that leaves approximately 160 acres and that means that if we get a 5" rain as Birmingham did this spring, that equates out to about 60 acre feet of water to handle. Right now Livonia is under the gun to comply with federal regulations concerning storm sewer systems and I think it is very important that the basin be done properly. I would like to urge the commission to give it very serious thought because we in Livonia are going to have very serious problems with storm sewers. If the example they are using that we saw on the landscape plan is the final decision, then I would like to make arrangements to see the plans. Mr. Nagy: We have a copy in the office we would be happy to show you. Mr. McCann: The City has a 25 year range that is standard. Is there any time we should look at anything different, maybe a 50 year rain fall. I am not sure what standards they use, but is there anything like a particular area or site. We 16549 are going to have a million square foot building out there which is going to create a tremoundously fast runoff and becasue of the amount of concrete in the industrial section and the large size of the buildings, is there anything we should look at differently on this so that we don't have a problem with runoff onto the highway or into some other areas? Mr. Nagy: We are taking a very comprehensive look at the storm water drainage. We are not only designating the pond that they mentioned in front, but we are also looking at an alternative site as a backup to the interior of the property as well, so it is under review and we assure you that it will be properly engineered. Mr. Walkon: We very much appreciate the hours that you have spent, and we have tried and made every effort to use your ideas and bring this plan to what it is today. It is going to be a wonderful, exciting development. You see by the plans and elevations that we have spared no expense and we are very, very proud of this and we thank you very much. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-11-2-23 closed. Mr. Piercecchi: Since many of my major concerns regarding this property have been addressed, and I realize that no one gets 100% their way, I will offer a motion to approve. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Koons and unanimously approved, it was #12-204-98 RESOLVED, that pursuant to a Public Hearing having been held on December 15, 1998 on Petition 98-11-2-23 by T. Rogvoy Associates, Inc., on behalf of Millennium Park, L.L.C., requesting waiver use approval to construct a Meijer's, Home Depot, Borders Books and Music store and a five tenant building on property located on the east side of Middlebelt Road between Schoolcraft Road and the CSX Railroad right-of-way in the NW 1/4 of Section 25, the City Planning Commission does hereby recommend to the City council that Petition 98-11-2-23 be approved subject to the following conditions: 1) That the Site Plan marked Sheet SPA -2 prepared by T. Rogvoy Associates, Inc. dated November 11, 1998 is hereby approved and shall be adhered top; 2) That the Landscape Plan marked Sheet SPA -3 and the 10 Landscape Detail Plans marked Sheets SPA -3a through SPA -3j prepared by Design Team Limited, all dated November 9, 1998, are hereby approved and shall be adhered to; 16550 3) That the Building Elevation Plan marked Sheet SPA -4 prepared by T. Rogvoy Associates, Inc., dated November 3, 1998, is hereby approved and shall be adhered to; 4) That the Building Elevation Plan marked Sheet SPA -5a prepared by SSOE Architects Inc., dated November 9, 1998, is hereby approved and shall be adhered to; 5) That the Building elevation Plan marked Sheet SPA -6a prepared by Greenberg Farrow Architects, dated November 10, 1998, is hereby approved and shall be adhered to; 6) That the Building elevation Plan marked Sheet SPA -7a prepared by T. Rogvoy Associates, Inc., dated November 9, 1998, is hereby approved and shall be adhered to; 7) That the brick used in the construction of the buildings shall be full face 4 inch brick, no exceptions; 8) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 9) That all rooftop mechanical units shall be concealed from view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the buildings; 10) That no signs, either freestanding or wall mounted, are approved with this petition. All such signage shall be separately submitted for review and approved by the Planning Commission and City Council; 11) That the 140,000 sq. ft. building will be restricted to five (5) tenants; and 12) That the petitioner shall correct to the Engineering Department's satisfaction the concerns as outlined in the correspondence dated November 23, 1998. For the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 16551 2) That the subject site has the capacity to accommodate the proposed use; 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4) That the proposed use will provide a viable alternative use for the subject property. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.06 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. LaPine: I support the proposal, but I still have my reservations. I still think we made a mistake in rezoning the property to commercial. I will give the petitioner, the City Council and the Mayor's office and the staff credit in the fact that they took what was originally brought to us what was not a very good plan and restructured it in such a way that they went to extremes to make it look more likeable to the citizens of Livonia. I am not happy with it, but I am going to support it. Mrs. Koons: I would like to make a comment about the landscape. Fifteen percent is a minimum, and I realize that 1.7% of 67 acres is large, but when you have that amount of parking and that amount of people walking in 90 degree temperatures to stores, it is always nice to have a tree here and there, so I would encourage you to have as much landscaping as possible and push that up wherever you can. I also want to thank you for the work you've done with the City to bring this plan to where it is today. Mr. Alanskas: I, too, was against the commercial, and I still am, only time will tell if I am wrong, but I have to applaud Mr. Walkon, Mr. Goldberg and the architect on what they have done with the fagade of the building and I would defy anyone from Meijer's on Eight Mile to drive to this facility and say this was a Meijer's store. If the sign weren't there, you would not know it was a Meijer's store. I hope you prove me wrong, and I vote to approve it also. Mr. McCann: I hope the project matches your drawings. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-24 by Meijer, Inc., requesting waiver use approval to utilize SDD and SDM licenses in connection with a Meijer store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road and the CSX Railroad right-of-way in the NW 1/4 of Section 25. 16552 Mr. McCann: As was explained earlier, the petitioner is requesting to withdraw the SDD portion, and they are only going to look for an SDM license for the packaged beer and wine for the Meijer's store. There was no one wishing to speak for or against this petition and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-11-2-24 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Piercecchi and unanimously approved, it was #12-205-98 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 15, 1998 on Petition 98-11-2-24 by Meijer, Inc., requesting waiver use approval to utilize SDD and SDM licenses in connection with a Meijer store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road and the CSX Railroad right-of-way in the NW 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 98- 11-2-24 be approved as to the use of an SDM license only for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the utilization of an SDM license is a part of the normal operation of the subject business. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543 as amended. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-25 by T. Rogvoy Associates, Inc., requesting waiver use approval to operate a restaurant within a Meijer store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road and the CSX Railroad right- of-way in the NW 1/4 of Section 25. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from the Engineering Division stating they have no objection to this proposal. That is signed by John P. Hill, Assistant City Engineer. There is another letter from the Department of Public Safety 16553 stating they have no objection to this proposal. That is signed by James E. Corcoran, Fire Marshal. Mr. Nowakowski, Meijer's: There is no plan, but we have a drawing we can put up. This rendering is the east side of the store. On the corner is where the restaurant is located. Typically, if you want to go to the restaurant in a Meijer's store, you have to go into the main entrance way. What we have done here is set up the cafe so that if you want to go there at lunchtime you can park relatively close to the store, enter that part of the store for a sandwich, have lunch, and then be on your way. Mr. LaPine: Is this a sit down restaurant where people come in and get a menu, or do you go to a counter and get your food? Mr. Nowakowski: You get your food at the counter. Mr. LaPine: You cater basically to the patrons of Meijer's? Mr. Nowakowski: The majority of our customers at the restaurant are our customers at the store. There are 104 seats. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-11-2-25 closed. On a motion duly made by Mrs. Koons, seconded by Mr. Alanskas and unanimously approved, it was #12-206-98 RESOLVED, that pursuant to a public hearing having been held by the City Planning Commission on December 15, 1998 by T. Rogvoy Associates, Inc. requesting waiver use approval to operate a restaurant within a Meijer store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road (I-96 Jefferies Freeway) and the CSX Railroad right-of-way in the NW 1/4 of Section 25, the Planning Commission does hereby recommend to the City Council that Petition 98- 11-2-25 be approved subject to a limitation on the number of customer seats not to exceed a total of 140, for the following reasons: 1) That the subject use complies with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site has the capacity to accommodate the proposed use; and 3) That the proposed use is a logical adjunct to the main use of the subject building. 16554 FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543 as amended. Mr. Alanskas: Meijer's is open 24 hours a day, correct? Mr. Nowakowski: Yes. Mr. Alanskas: Will the restaurant be open 24 hours also? Mr. Nowakowski: I am not sure. I can't answer that at this time. Food is very limited after the lunch hours. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-26 by T. Rogvoy Associates, Inc., requesting waiver use approval to operate a cafe within a Borders Books and Music store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road and the CSX Railroad right-of-way in the NW 1/4 of Section 25. Mr. McCann: Mr. Goldberg suggested that this is not a set deal. Are you ready to go forward today on this? I am assuming you are very close in your negotiations? Mr. Goldberg: Yes, we are. Mrs. Koons: If we do approve a cafe for Border's and another business comes in, does that carry over? Mr. Nagy: It goes with the land and as long as they follow the conditions set forth in this approving resolution, yes. Mr. McCann: So we are not approving it for Border's, we are approving it for the site. Mr. Goldberg, when would you expect a signed contract for a Border's? Mr. Goldberg: I don't think anything is going to happen as relates to the Border's for another 60 days. Mr. McCann: The question then is what happens if we approve a restaurant in there and then Border's books doesn't come in. Mr. Goldberg: Then our condition should show that approval is based on a Border's use only. Mr. McCann: John, can we do that? 16555 Mr. Nagy: If they choose to limit themselves to that. It is a condition they put on themselves. Mr. McCann: Is that a condition you are willing to put on at this point? Mr. Goldberg: I would put the condition on that it is a book store. Quite frankly, there is a Barnes & Noble. Mr. McCann: I think we are digressing because then, what kind of book store? Mr. Goldberg: Then we could say a Border's Book Store or a Barnes & Noble Book Store? Mr. McCann: You are willing to do that, limiting your request to only those two? Mr. Goldberg: That is correct. There was no one in the audience wishing to speak for or against this petition. Mr. LaPine: I don't see any problem with their coming back as soon as they know what it is going to be. I just don't like to accept that at this time. Mr. McCann: Mr. Goldberg, are you willing to go forward with the limitation that you put on that it be Border's Books? If not, you would have to come back before us. Mr. Goldberg: Conceptually, if we came back and it was a Barnes & Nobles use, you would be comfortable with this? Mr. LaPine: Yes. On a motion duly made by Mr. LaPine, seconded by Mrs. Koons and unanimously approved, it was #12-207-98 RESOLVED, that pursuant to a public hearing having been held by the City Planning commission on December 15, 1998 on Petition 98-11-2-26 by T. Rogvoy Associates, Inc. requesting waiver use approval to operate a cafe within a Borders Books and Music Store proposed to be located on the east side of Middlebelt Road between Schoolcraft Road (I-96 Jeffries Freeway) and the CSX Railroad right-of-way in the NW 1/4 of Section 25, the Planning Commission does hereby recommend to the City Council that Petition 98-11-2-26 be approved subject to a limitation on the number of customer seats not to exceed a total of 52 for the following reasons: 16556 1) That the subject use complies with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site has the capacity to accommodate the proposed use; 3) That the proposed use is a logical adjunct to the main use of the subject building; and 4) As per the petitioner's request and representation, this approval is limited to the following two types of business associations: Border's Books or Barnes & Noble Books. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543 as amended. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-2-27 by Ji Hao Ni d/b/a New China Buffet requesting waiver use approval to operate a full service restaurant within the Woodland Square Shopping Center located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the SE 1/4 of Section 26. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from the Engineering Division stating they have no objection to this proposal. That is signed by John P. Hill, Assistant City Engineer. There is a letter from John B. Gibbs, Traffic Bureau, stating the Police Department has no objection to the floor plan submitted. The Fire Department in their letter indicates they have no objection to the proposal. The Inspection Department states that they have reviewed the site plan and the following is noted: 1) The parking area is in need of minor repair. 2) There are two dumpster locations on the west side of the building. Both are in need of repair. That was signed by David Woodcox, the Senior Building Inspector. Ji Hao Ni, 81 Grove St., Hempstead, NY: It was a ten hour drive here to be with you. This is for a nice New China Buffet restaurant. Mr. McCann: You are going to be the owner? Mr. Ni: Yes. 16557 Mr. McCann: You currently have a business? Mr. Ni: Yes, I have worked in the City of New York. Mr. McCann: Do you own a restaurant? Mr. Ni: Yes, in Hempstead, New York. Mr. Alanskas: Is this strictly a buffet, or can someone come in and sit down and be waited on? Mr. Ni: Buffet only. We have three buffet tables. Lunch and dinner only. Mr. Alanskas: What hours are you going to be open? Mr. Ni: Eleven hours, from 11:00 AM to 10:00 PM., seven days a week. Mr. Alanskas: How many people will you have employed in the building? Mr. Ni: Twelve people. Mr. Alanskas: You will have a maximum of 156 seats, correct? Mr. Ni: Yes. Mr. Alanskas: No beer or wine or liquor in the building? Mr. Ni: No. Mr. LaPine: We all checked out that location and there are so many empty stores in there, I hope this helps make the center come back, and I hope you make it. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the public hearing on Petition 98-11-2-27 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Alanskas and unanimously approved, it was #12-208-98 RESOLVED, that pursuant to a public hearing having been held by the City Planning Commission on December 15, 1998 on Petition 98-11-2-27 requesting waiver use approval to operate a full service restaurant within the Woodland Square Shopping Center located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the SE 1/4 of Section 26, the Planning Commission does hereby recommend to 16558 the City Council that Petition 98-11-2-27 be approved subject to the following conditions: 1) That the number of customers seats shall be limited to no more than 156 seats; 2) That the petitioner shall correct to the Inspection Department's satisfaction the site deficiencies as outlined in their correspondence dated December 4, 1998 For the following reasons: 1) That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site has the capacity to accommodate the proposed use; and 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. LaPine: John, did the PRDA look at this? Mr. Nagy: No, they did not. Mr. LaPine: What problems do the Inspection Department have? Mr. Nagy: The dumpster in the back of the building needs to be repaired. That is the responsibility of the landlord. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-3-6 by Suzanne McInerney, and others, requesting to vacate a portion of Brookfield Avenue right-of-way located east of Mayfield Avenue between Seven Mile Road and Clarita Avenue in the NW 1/4 of Section 10. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. 16559 t Mr. Nagy: The Engineering Division in their letter of November 20 referencing the petition indicates they have no objection to the proposal, however, since there are existing utilities and the area is not fully developed, the Engineering Division requests that all rights of easement be retained for its full width. Richard Lahay, 19000 Mayfield, Livonia, next door to Suzanne McInerney: We ask that the roadway be vacated since a house was approved at 1939 Brookfield with the condition that there be a moveable barrier. Once the barrier is in the street it is no longer a viable street. We realize that there are utilities back there; there is cable, electric and telephone, so there has to be an easement for that. We would just like to say it is ours again. There was no one else present wishing to speak regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-11-3-6 closed. On a motion duly made by Mrs. Koons, seconded by Mr. LaPine and approved, it was #12-209-98 RESOLVED, that pursuant to a public hearing having been held by the City Planning Commission on December 15, 1998, and pursuant to Council Resolution #560-98, on Petition 98-11-3-6 by Suzanne McInerney and other referenced citizens requesting to vacate a portion of Brookfield Avenue right-of-way located east of Mayfield Avenue between Seven Mile Road and Clarita Avenue in the NE 1/4 of Section 10, the City Planning Commission does hereby recommend to the City council that Petition 98-11-3-6 be approved subject to the retention of a full width easement to protect existing public utilities for the following reasons: 1) That the subject right-of-way is no longer needed for public access purposes; 2) That the subject right-of-way can be more advantageously used in private ownership; 3) That vacating of the subject right-of-way will place the property back on the City's tax rolls; and 4) That no reporting City department or public utility has objected to the proposed vacating. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances. A roll call vote was taken with the following results: 16560 AYES: LaPine, Piercecchi, Koons, McCann NAYS: Alanskas ABSENT: Hale Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-10-6-5 by the City Planning Commission, pursuant to Council Resolution #597- 98 and Section 23.01(a) of Ordinance #543 of the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.17 of the Zoning Ordinance for the purpose of granting valid nonconforming use status to existing nonconforming produce markets and nurseries. Mr. Nagy: Since Township days there have been a number of nurseries and produce sales of garden vegetables at wayside stands. In time most of them have been eliminated as development has occurred in neighboring areas. Sometimes those uses have had both positive and negative impact on surrounding areas. While most of them have been eliminated, we still have three remaining, and what this ordinance proposes to do is make those henceforth valid non -conforming uses and specifically identify them within the ordinance and set a time frame upon which they were designated as valid non -conforming, and therefore their use in its present condition as established upon the property shall be limited to that extent henceforth and that there shall be no further expansions, enlargements or alterations. They are limited to the scale, size and area of their operation today from this time forward. Mrs. Koons: Are they also limited to no change of ownership? Mr. Nagy: No, it will run with the land. The land can be sold and the new owner can continue to operate within the guidelines of the uses as presently established. Mr. LaPine: There is no way we can make it only for the owners that now own the property? Mr. Nagy: The uses are established on the land and run with the land. The land can be transferred. For instance, most recently the one identified on Merriman Road has changed hands. It does run with the land and that is why we want to validate it, so the owners can rely on it, and the purchaser can rely on it. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 98-10-6-5 closed. 16561 On a motion duly made by Mr. LaPine, seconded by Mrs. Koons and unanimously Lf approved, it was #12-210-98 RESOLVED, that pursuant to a Public Hearing having been held on December 15, 1998 on Petition 98-10-6-5 by the City Planning Commission pursuant to Council Resolution 597-98, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.17 of the Zoning Ordinance for the purpose of granting valid nonconforming use status to existing nonconforming produce markets and nurseries, the Planning Commission does hereby recommend to the City Council that Petition 98-10-6-5 be approved for the following reasons: 1) That the proposed language amendment will provide for more control over existing nonconforming produce markets and nurseries located in RUF zoning districts; 2) That the proposed language amendment will provide for more consistent regulations with regard to the specified uses; 3) That the proposed language amendment will provide for the continuance of the specified uses, although no expansion of the existing uses will be permitted and these businesses will remain subject to all of the other provisions of the Zoning Ordinance pertaining to nonconforming uses; and 4) That the proposed language amendment will provide for the continuance of the specified uses without eroding or diminishing the provisions of the Zoning Ordinance pertaining to the eventual elimination of nonconforming use. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. This will go to City Council with an approving resolution. Mr. McCann, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. These items have been discussed at length at prior meetings therefore there will only be limited discussion tonight. Audience participation will require unanimous consent from the commissioners. 16562 Mr. Piercecchi, Secretary, announced the next item on the agenda is Final Plat Approval for Cross Winds Estates proposed to be located on the west side of Farmington Road south of Norfolk in the NE 1/4 of Section 4. Mr. Nagy: This is more or less a housekeeping chore. The proprietor has currently developed the subdivision. There are homes currently constructed in the area. They have put in most of the needed public improvements. To the extent there are still some remaining, appropriate bonds have been placed to assure their installation. The Engineering Department has recommended the final plat approval. All of the monies have been deposited with the Clerk's office, and we have a recommendation for approval from Engineering. The final plat has been drawn in full compliance with the previously approved preliminary plat. On a motion duly made by Mr. Alanskas, seconded by Mr. Piercecchi and unanimously approved, it was #12-211-98 RESOLVED, that the City Planning Commission does hereby approve the Final Plat for Cross Winds Estates Subdivision proposed to be located on the west side of Farmington Road south of Norfolk in the NE 1/4 of Section 4 for the following reasons: 1) That the Final Plat is drawn in compliance with the Preliminary Plat; 2) That no reporting City Department has objected to approval of the Final Plat; and 3) That all financial assurances required for the referenced subdivision have been deposited with the City Clerk. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-11-8-36 by Preferred Real Estate LLC requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct front and rear additions to the dentist office located at 38000 Ann Arbor Trail in the Northeast 1/4 of Section 31. Mr. Miller: This site is located on the northwest corner of Ann Arbor Trail and Ann Arbor Road. They are proposing two additions, one to the rear of the building, or the north elevation. This addition would basically square off the rear of the building. It would be 185 sq. ft. in size and would allow the expansion of the interior of the reception area. The other addition would be on to the front of the building, or south elevation. This would be 16563 utilized as a front vestibule entrance area. Both additions would add 417 sq. ft. to the building. Because the building has deficient rear set back presently, it is a nonconforming building. Also because the new addition to the front expanded to the front yard set back, the building is nonconforming. Therefore they had to go to the Zoning Board of Appeals prior to being presented to the Planning Commission. They have a variance for a nonconforming building. With the new addition, the new building would be required to have 23 parking spaces. The site plan shows 49, so they exceed the parking requirement. The rear addition would be constructed out of materials to match the existing building so it would look as if it were completed at the same time as the original building. The front vestibule area would be constructed out of glass and aluminum braces. Also as a part of this proposal, they are also adding on to the south elevation and the east elevation a sun screen awning over part of the windows. Mr. Alanskas: On the vestibule in front, how far is that protruding out from where it is now? Will it be coming out where the parking lot is? Mr. Miller: There is a walkway there and it would be over the walkway. Mr. Alanskas: How many feet? Mr. Miller: It is 14-1/2' out and 16'. Mr. Alanskas: So it will protrude somewhat where the existing parking lot is right now. Scott Munchkin, architect working with Preferred Dental Group: We are not going to go beyond the existing sidewalk. There will still be plenty of sidewalk for people coming up. There is still a good distance for anyway being dropped off or walking in front. We will not be reworking the front drive at all. We are about 5' from the edge of the drive to the door. Mr. Alanskas: Do you have plans to stain the entire building? Mr. Monchnik: Yes, we are going to stain the entire building. Mr. Alanskas: We were out there Saturday and it is a nice building, but it is an old building and it needs to be restained. Did you say you were not going to do the front parking lot? Mr. Monchnik: We are going to redo the sidewalk and redo the parking lot. Mr. LaPine: When you say you are going to redo the parking lot, that parking lot can't be repaired, it actually has to be redone. It is in terrible shape. So you are going to replace the parking lot and double restripe it? U 16564 Mr. Monchnik: Right, whatever it takes to correct it. There was no one else wishing to be heard regarding this item and Mr. McCann, Chairman, declared Petition 98-11-8-36 closed. #12-212-98 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 98-11-8-36 by Preferred Real Estate LLC requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct front and rear additions to the dentist office located at 38000 Ann Arbor Trail in the NW 1/4 of Section 31 be approved subject to the following conditions: That the Site Plan marked Sheet SPA -1 prepared by Scott Monchnik & Associates, as received by the Planning Commission on October 29, 1998, is hereby approved and shall be adhered to; 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 3. That the Exterior Building Elevation Plan marked Sheet SPA -2 prepared by Scott Monchnik & Associates, as received by the Planning Commission on October 29, 1998, is hereby approved and shall be adhered to; 4. That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiency as outlined in the correspondence dated December 3, 1998: - that the entire parking lot shall be repaired, repaved and double stripped 5. That all conditions specified in the Zoning Board of Appeals case #9810-131 shall be met. Mr. McCann, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Alanskas: Are you going to have a professional company repair the parking lot? Mr. Monchnik: Yes. Mr. LaPine: I don't want that parking lot just patched. That entire parking lot is in terrible shape. There are holes in it, it is up and down. I don't think it has been repaired or taken care of since the day it was put in there. As long as 16565 you are fixing the building, you may as well fix it now because if you Sto don't do it now, you will do it in the near future. Mr. Monchnik: You are not saying we have to dig it out? Mr. McCann: No. You have to repair it and put a whole new layer on. Mr. Piercecchi, Secretary, announced the next item on the agenda is Application for Greenbelt Review and Approval by Mafalda Soave requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for the Westmore Plaza located at 33242-33260 Seven Mile Road in the SW 1/4 of Section 3. Mr. Miller: This site is located on the north side of Seven Mile between Westmore and Shadyside Avenues. They are requesting to substitute a greenbelt in lieu of a protective wall that is required between commercially zoned property and residential zoned property. They are requesting that the greenbelt along the north property line, behind the Westmore Plaza be accepted as an appropriate substitution. Westmore Plaza is presently occupied by three tenants. The proposed greenbelt at the present time is only 6' in depth. The ordinance specifies that a greenbelt may be substituted for the protective wall if it is at least 10' in width. Therefore if this request is approved by the Planning Commission and the City Council, it would have to go to the Zoning Board of Appeals for a variance for deficient greenbelt width. Presently, there is a thick row of evergreens behind the shopping center and the remaining portion to the street is just grass. Angela Kelley, representing Mafalda Soave, and I am also her property manager: We are here applying for the greenbelt. Mr. McCann: Why are you applying for the greenbelt in place of the protective wall? Ms. Kelley: Basically because we cannot put a protective wall because there is a sanitary and storm sewer underneath there, so it is impossible to install a protective wall. Mr. Alanskas: The evergreens there that are so close to the building, do you trim it yourself, or do you have someone do that? Ms. Kelley: Actually, they have no need to be trimmed because they are junipers, but we do monitor them. Mr. Alanskas: How do you water them? Ms. Kelley: They actually haven't needed any watering other than the rain and the sprinkler system. They are very green and healthy. 16566 Mr. Piercecchi: When I made a call there on Sunday, I noticed there were a lot of cans in the back of that structure that didn't even have lids on them Do you have to have outside storage there? Ms. Kelley: Yes, there is not enough room inside for cans. Actually they did add more cans because of some requests we had in the past. The lids sometimes get lost from setting out in the street. Mr. Piercecchi: You have The Party Kitchen, an Allstate insurance office and a salon. You are sure you can't eliminate those cans? Ms. Kelley: It would really impede on the traffic in the offices because they are small offices. I wouldn't recommend it. Mr. Piercecchi: On Saturday when I went to look at it, my conclusion was that there is not sufficient space to comply with our 10' wide greenbelt specification. Therefore, it is impossible for the petitioner to comply. However since there is a natural greenbelt via the arborvitae which provides adequate screening along with fencing, this combination does in effect approximate a wall. I would be happy to make an approving resolution, but I would like to get some concurrence that the following conditions can also be met. The parking lot could use some resealing, recoating and needs double stripping, and assurances that the natural greenbelt will be retained. That may mean watering it every now and then -whatever you have to do. Is it agreeable that you would repair, reseal and double stripe the parking lot? Ms. Kelley: Absolutely. Mr. McCann: Is there anyone in the audience who wishes to speak for or against this petition? Nancy Heath, 19114 Westmore, Livonia: Our lots 155 and 156 runs directly north behind this property. I was at the Planning Commission office yesterday and was advised to come to the meeting and was told that this petition was for a permanent approval for the greenbelt where it would not come back to the commission every few years. We were here last year and we are not pushing for the wall at this time, but we would like to ask the Planning Commission to deny the permanent approval of the greenbelt because you may never know what might happen in the future. We just had power lines down. Our bushes are along the same line west of their greenbelt and we lost a few bushes. We had the same thing about ten years ago. If the other end of the line should break and take out that greenbelt, we feel we might not have any recourse to come back and say now we want the protective wall, now there is nothing dividing the property. 16567 Mr. McCann: Maybe I can alleviate that and I will give you my copy so you can see in their site plan they show the greenbelt, they show numerous deciduous trees which have to be maintained. If they lose one or two and all of a sudden you don't have that protective wall, you can call the Inspection Department and they will come out and cite them if they don't replace those trees immediately. Mrs. Heath: One of the problems we have had over the years is that as you said, it was approved in 1984 under certain conditions. I would guess those junipers that are there now are maybe seven or eight years old. It was promised originally that it would be dense and forestry back there. It took years. Now it is dense back there fourteen years later. We have a concern with the trash back there also. I have here the original approval from the City that states under certain conditions this variance was granted. It does say that all trash must be stored inside. My concern is that if it is not stored inside, it should at least be in containers with lids. You come around Thursday night or Friday morning and there are bags and bags stacked out there. There are not enough trash cans with lids for all the trash out there. Mr. McCann: If the condition is that there is no outside storage, we can't condition it at this point because that is part of the ZBA approval, so they can't have any outside storage. There is a problem there. -They do have those big rollaway canisters that have the lids that lock. I think that may be something that you will either have to provide for your tenants, or do something to get along, otherwise I think calls will be made to the Inspection Department and you will be cited for having outdoor canisters. We just went through this where neighbors objected, the petition was denied and they had to build internal compaction. They did not have a choice and that may be the only resolution at this point for you. You can go back to the ZBA and request a change on that condition. Ms. Kelley: We are not allowed to store any containers out there? Mr. McCann: Absolutely. Ms. Kelley: From my recollection, as long as they were contained and kept in an orderly manner it was OK. Mr. McCann: I would suggest that you work it out with your neighbor because otherwise you may have to have complete internal compaction. Mrs. Heath: Every time they have had a meeting, my husband and I have shown up and the majority of the time, the petitioner has not shown up. This is the first time they have come here. I have pictures of the trash out there, but I guess you guys have already been out there and seen for yourself. One 16568 41 ,?, other concern -at the time this was at the approval stage, I noticed at that time that the rear doors were for emergency exits only and never to be open because they back into our backyard. I have a problem because when the weather is nice they have their doors open and sometimes they are out there having cigarettes taking a break, and we have a pool back there and my kids say they don't like being out there because they feel like they are being watched all the time. I wanted to know what the City's stance is on that. Mr. Nagy: Unless there was something in the approved conditions, there is no ordinance in the City of Livonia that prevents anyone from exiting the back doors. Mr. Alanskas: Did you say there was good density now? Mrs. Heath: After fourteen years there is good density now. Mr. Alanskas: How can they look into your pool? Mrs. Heath: Because we have a pool deck around the above -ground pool, and when you are on the deck it is above the top level of the bushes. It is not that you feel that they are staring at you, you feel that you have no privacy. Mr. Piercecchi: The greenbelt will give you more privacy than a 5' wall. Mrs. Heath: In the past we had requested the wall there, but after fourteen years it is getting dense back there, but what we came for tonight was to ask the City not to have a permanent approval of the greenbelt because we are afraid that if something happens down the road like if the bushes should die off, then we would not have a recourse to come back and say that they would have to replant. Mr. Piercecchi: My resolution is going to say that this shall remain in its present state and any changes to this area shall require Planning Commission and City Council review and approval. So they have to be maintained and if one dies they have to be replaced with one of similar size. Mr. McCann to Ms. Kelley: I would rather the neighbors work out the issue of the trash dumpsters in back because you know that is your responsibility. I don't think we need to go into it tonight, but I don't think it helps to revisit it every time. It is not going to help you, it is not going to help anybody. The solution is that you have a good system right now, and we have to maintain it and the tenants have to be cognizant of your problems. 16569 it Mrs. Heath: I understand that they are the property owners, not so much the tenants, so it is the tenants' problem and it has been brought to their attention before, but again, this keep recurring. Mr. McCann: You are neighbors so you have to work with her, she has to work with her tenants, and even you could go and talk to the managers. There was no one else wishing to speak on this petition, and Mr. McCann, Chairman, declared the hearing on Application for Greenbelt Review and Approval by Mafalda Soave closed. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Koons and approved, it was #12-213-98 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the Application for Greenbelt Review and Approval by Mafalda Soave requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the zoning ordinance for the Westmore Plaza located at 33242-33260 Seven Mile Road in the SW 1/4 of Section 3 be approved subject to the following conditions: 1. That the natural landscaped greenbelt along the north property line, as shown on the plan received by the Planning commission on October 29, 1998 shall be substituted for the protective wall required by Section 18.45 of the Zoning Ordinance; 2. That this area shall remain in its present state and any changes to this area shall require Planning Commission and City Council review and approval; 3. That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals for deficient width and any conditions related thereto; 4. That the parking lot shall be recoated and double striped. A roll call vote was taken with the following results: AYES: Alanskas, Piercecchi, Koons, McCann NAYS: LaPine ABSENT: Hale Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. This will go on to City Council for approval. 16570 Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-12-8-37 by Moiseev/Gordon Associates requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct an addition and refurbish the building located at 28701 Plymouth Road in the NW 1/4 of Section 36. Mr. Miller: This site is located on the south side of Plymouth Road between Harrison and Garden. They are proposing to construct an addition and refurbish the existing building on site. The site was at one time a Wendy's restaurant. The addition would be constructed on the east elevation and would be 4,631 sq. ft. in size. The new facility would be utilized as a dentist office and a doctor's clinic. Parking for the new structure is required to have 65 spaces and the site plan shows 65 spaces. The landscaping for the site requires 15% and the site plan submitted shows 17%, so they would be over the landscape requirement. They have landscaping around the perimeter of the site, in front of the building, a little bit behind the building and along Plymouth Road. The existing building is brick on all four sides and the new addition would be a combination of face brick and dryvit on three sides with the east elevation constructed out of concrete block. They would also have two entrances on the west elevation. These would be identified by prefinished metal canopies held up by painted steel columns. They are also requesting signage for the building. They are requesting one wall sign for the front of the building. They are allowed to have one at 85 sq. ft. and they are proposing one at 76 sq. ft., so it is a conforming wall sign. They are allowed to have one ground sign at 30 sq. ft. and they are proposing one at 24 sq. ft. Mr. McCann: Is there anything from the Plymouth Road Development Authority? Mr. Nagy: The Plymouth Road Development Authority did support this proposed clinic. We had some other correspondence. The Fire Marshal indicates they have no objections. The City Engineer indicated no objections to this proposal. That is the extent of our correspondence. Mike Gordon, Moiseev/Gordon Associates, 306-1/2 S Main St., Royal Oak: With me tonight is project architect Robert Cliffe and the owner, Marshall Tobin. This is an owner -occupied building. Everyone is named Tobin so it is a family occupied structure. They are very excited about changing this building and bringing it back. It has been closed for some time. We have worked very closely with the city. We have met with the Plymouth Road Development Authority and had a review with them and they support the project. We are completely code complying and we have gone through all the review processes with them and have done everything that they have requested. We think we have done a good job. We are using the dryvit because we are trying to mitigate the old Wendy's look without restructuring the entire building. We think it is a good combination of 16571 f brick and dryvit. We have kept it up off grade so that there is brick to grade on all four sides of the building. We are using it as a unifying structure all the way around. The decorative canopy is also sheltering the entries and is announcing the entries, so we think it is a nice, decorative element. Mr. Alanskas: The building looks very nice. The site plan states that the trash is to be stored inside the building. Where inside the building? Mr. Gordon: There is a mechanical room inside the building. There will be an area on the floor plan where there will be some hazardous materials to be picked UP. Mr. Alanskas: It will be put out there on the morning it is to be picked up? Mr. Gordon: Yes. Mr. Piercecchi: Most of us are really delighted with the decision to repair that building and get the doctor/dentist office, but I have a question. Are you sure you want to paint that building? I looked over that building quite thoroughly and I found that brick in excellent shape. Our notes given to us by the staff state that you find the brick unattractive. You people are very skilled in this type of renovation. Have you investigated the possibility of renewing that brick and getting it back to its initial luster? Paint is fine, but it is going to need repair. This building is kind of a standard in that part of town. We are not going to tell you you can't paint it, but I think you would be much better off if you did try and match that brick. I don't know where matching is really a problem on this. You have the east wall which currently you are going to put in cement block. If you are not going to paint it, why can't that be brick also? The west wall is brick right now, the front is mostly brick, and I understand you are going to add brick there. Is that going to be panel brick on the front or 4"? Mr. Gordon: 4" brick. Mr. Piercecchi: I don't think you have any matching problems. I think you are doing yourself a disservice to put that combination on. That brick is in pretty good shape. Mr. Gordon: It is probably an esthetic issue where we are trying to create a new image for the building and the color of the brick is not what we would make a choice of at this point. That choice was made 15 years ago for a different type of facility and to mitigate that, instead of people saying "that's the old Wendy's they converted". I think Moiseev has been working with the family for a long time. As far as the maintenance issue, if it is done 16572 properly, we have buildings that have been painted for ten years that have not been repainted. Mr. Piercecchi: But brick lasts forever. What color were you going to paint it? Mr. Gordon: The rendering shows a light grey color. We are trying to lighten the whole building up. It is a very dark brick. There was no one else wishing to be heard regarding this item, and Mr. McCann, Chairman, declared the hearing on Petition 98-12-8-37 closed. On a motion duly made by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #12-214-98 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 98-12-8-37 by Moiseev/Gordon Associates requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct an addition and refurbish the building located at 28701 Plymouth Road in the NW 1/4 of Section 36 be approved subject to the following conditions: 1. That the Site Plan marked Sheet SP -2 prepared by Moiseev/Gordon Associates, as received by the Planning commission on November 25, 1998, is hereby approved and shall be adhered to; 2. That the Landscape Plan prepared by Calvin Hall & Associates, as received by the Planning Commission on November 25, 1998, is hereby approved and shall be adhered to; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 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 Department and thereafter permanently maintained in a healthy condition; 5. That the entire parking lot shall be repaired, resealed and double striped; 6. That the Exterior Building Elevation Plan marked Sheets A-2, 1 & A-2.2 prepared by Moiseev/Gordon Associates, as received by the Planning Commission on November 25, 1998 is hereby approved and shall be adhered to; 16573 7. That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 8. That the Sign Package submitted by Moiseev/Gordon Associates, as received by the Planning Commission on December 8, 1998, is hereby approved and shall be adhered to; 9. That all signage for this site shall not be illuminated beyond 11:00 PM. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Alanskas: I just want to say the building looks very nice, and it is so nice to have someone come before us with a sign package that is in compliance. I think that when you paint that building it will look very nice. Chairman McCann wished everyone a Happy Holiday and precious New Year and said goodbye to Doris Urbanski who is retiring after ten years of service. On a motion duly made, seconded and unanimously adopted, the 776th Regular Meeting held on December 15, 1998 was adjourned at 10:45 PM. CITY PLANNING COMMISSION ATTEST: t /du s t1rsZ,�`�..o' Dan Piercecchi, Secretary ames C. McCann, Chairman