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HomeMy WebLinkAboutPLANNING MINUTES 1992-02-25 11906 MINUTES OF THE 638th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 25, 1992, the City Planning Commission of the City of Livonia held its 638th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m. , with approximately 20 interested persons in the audience. Members present: Jack Engebretson Herman Kluver Brenda Lee Fandrei William LaPine Raymond W. Tent Donald Vyhnalek R. Lee Morrow James C. McCann Conrad Gniewek Members absent: None Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director and Ralph H. Bakewell, Planner IV, were also present. Mr. Engebretson informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and 'tor have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Engebretson: The Mayor has requested that we delay Item #1 to follow Item #5 in that he had several points he wanted to share with us this evening and his schedule just didn't allow him to be here at this particular time, so without objection I will move Item #1 to become Item #6. Hearing none, I will ask the Secretary to read item No. 2. Mrs. Fandrei, Secretary, announced the first item on the agenda will be Petition 92-1-1-1 by T. Rogvoy Assoc. Inc. for Chili's of Michigan requesting to rezone property located on the east side of Middlebelt Road, north of Schoolcraft Road, in the Southwest 1/4 of Section 24 from OS to C-2. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Engebretson: Will the petitioner please come forward and give us your name and address and tell us your reason for making this request. Charles Tangora, 33300 Five Mile Road: I represent Chili's Corporation. I think that all the members of the Planning Commission, as well as myself, 11907 are probably familiar with Chili's. They have a location over at Eight Mile and Haggerty Road. It is a major food operation and restaurant. They operate over 250 restaurants under the Chili's name in 39 states. They are relatively new. Probably in the last ten years they have come into the State of Michigan. It is a family type of restaurant. They do have liquor so there is a need 'taw for a Class C license but it is similar to the other two restaurants on the corner. They are also family type restaurants, the Oliver Garden Restaurant and Chi Chi's. We also have some gentlemen here from Chili's so if there are some questions that I can' t answer, they will be happy to do so. Let me tell you a little bit about the site. I think you probably know as much about it as I do, having been through the wars over there. This site was originally developed with the two restaurants, first the Chi Chi's and then Kellys, where the Olive Garden is now operating. Then it expanded to the east with the OS operation and finally into the hotel that is just to the east of the Olive Garden. I think that the rationale that is here before you is that I think we have all seen in the last few years what has happened to office developments and the number of vacancies throughout the major Metropolitan areas. The undeveloped property fronts Middlebelt Road and has been developed for commercial, not only on the same side of the street but on the other side, with the exception of some of the office buildings there. Obviously with the expressway generating a tremendous amount of traffic, Chili's is interested in this location and feels it is a good location for them and obviously has talked the owner of the property into giving them an option to see if they can get the type of approvals that they need to operate that restaurant. To get you a little more involved in some of the facts of their operation, I have indicated that it is a family restaurant. They are open seven days a week. They are open in the morning at 11:00 and Friday and Saturday they are open until 12:00. Every other night of the week they are open until 11:00. They do provide jobs for 120 people, most of them are obviously the waiters and the people that work in the kitchens and there are some supervisory jobs amongst the 120. The investment that they have to put into this type of development, not only in the building and the land and the landscaping that goes into it, generates approximately an $1,800,000 to $2,000,000 investment in this type of an operation. There is no entertainment in the bar. It is strictly like the Olive Garden or Chi Chi's. Just a holding area for people. There are no tables available to hold them in the bar. It will only seat about 15 people so there is no room for a dance floor or any entertainment of that nature. The people that have been to Chili's, recognize that it is in a medium price range and the average price per dinner is $7.80. It is not the top of the line but it is a family type of restaurant and I think in these economic times that we have, it is a restaurant that is very attractive to people that have families and experience somewhat difficult times. I think that it gives you a little bit of background about Chili's operation. You do know the history of this location much better than I do and we are here to answer any questions. Mr. Tent: Mr. Tangora, who owns the property presently? 11908 Mr. Tangora: I don't know whether it is in a corporation. I only know the individual. It is Mr. Guastello. Mr. Tent: He is the same person that owns the Quality Inn Hotel? Mr. Tangora: He is the principal owner. Sow Mr. Tent: Does the petitioner have an option pending zoning? Mr. Tangora: Yes. Mr. Tent: I am quite familiar with Chili's and I think it is a fine restaurant but I have some reservations about this location. Will there be on-site parking or will you have to borrow parking spaces from some of the other places because if my memory is right they have had some problems with parking and they had to share parking between Chi Chi's and the hotel. Can you tell me how you propose to handle this? Mr. Tangora: I understand that is a fact that the site doesn't accommodate all of the parking that is necessary and I think they have to borrow from the office site. The office site is overdeveloped as far as parking is concerned. They have more parking spaces than what they need and also more than what Chili's want to have and have entered into an agreement to use. Most of the parking sites that would be on the office facility would be used by employees. I recognize there is a problem and I also recognize that it has been done in places and I think you pointed out that Chi Chi's was one of them. Mr. Tent: That did concern me because there is quite a traffic problem there and parking is a concern so you have answered my question. Mr. Gniewek: Mr. Tangora, you indicated that Chili's would be serving liquor at this location. Could Chili's exist without a liquor license? Mr. Tangora: They never have. In all their other 250 plus locations, they have a liquor license. Mr. Gniewek: You do realize there are three within a short distance of that area? Mr. Tangora: Yes I do. Mr. Gniewek: You are saying that they could not operate without it? Mr. Tangora: It is part of their operation. It is just like Chi Chi's and the Olive Garden. It is an accommodation to the type of clientele they attract there. People like to have a cocktail or wine when they are dining. Mr. Gniewek: Do they have a license in escrow that they could utilize at this location or would they have to apply for a new one? Mr. Tangora: They would have to apply for a new one. `rr. 11909 Mr. Vyhnalek: Mr. Tangora, you have been through this many times on this property and I believe that this commission put that OS as a buffer between the subdivision and the restaurants and it is going to be hard to go back on our word from making that an OS to a C-2. I, as one commissioner, gave my pledge to the homeowners in that Slimy subdivision that we were going to leave that OS. It is going to be difficult for members on this board that were there 4 or 5 years ago to change that. Secondly, I frequent Chili's in Dearborn and they have one heck of a good noon traffic and if that is parking for those office buildings from 9:00 to 5:30, I think the parking is going to be one big problem at noon because the employees are there and they will have all these customers at Chili's because they serve good food. That is just one commissioner's opinion. Mr. McCann: Have you gone and talked with the neighbors because we have been involved with these neighbors for a long time and I would personally have a problem with having a restaurant in my backyard. I see three neighbors it is actually going to touch but I think it is going to affect more of them. Have you gotten their responses? Mr. Tangora: Personally I have not but I think one of the gentlemen from Chili's has talked to three neighbors who immediately adjoin the property. I wasn't privy to that conversation but they indicated they were not interested in talking any further about this. I am not really sure. We are always open to sit down with the neighbors and try to see if we could lessen any impact they would have. I am well aware there are restaurants and we have them in the City that back up to residential and exist very nicely without a problem. I know the Chili's organization is ready, willing and able to do that and even do some things with the neighbors that adjoin the property that would hopefully try to accomodate some of their fears. Now Mr. LaPine: I think the question here Mr. Tangora is the fact you are asking for a C-2 classification, which is a more intense classification than the OS. It is my opinion, and shared by most members of the board, that we have an awful intense area there now. That corner, Schoolcraft back to where the medical building is, that area where Chili's wants to go, the office buildings, the Italian restaurant, is so cluttered today it is just impossible. Quite frankly, if I had been sitting on this board I wouldn't have voted for a couple of those items that went in there. I think you have to convince us C-2 is better for the City than OS. In my opinion it isn't. You mention the OS, that there is not a market out there for more office. I agree with you. Mr. Guastello has probably two buildings back there that are probably 90% empty. He has plans to build two more additional buildings to the east of his property, which he hasn't built because he can't rent them. This land may sit there for a while before he is ever going to develop it as OS but I think we would be doing a disservice to the City to increase the density in that particular area and put another restaurant in there. I think the area is more than covered with restaurants. Nothing against Chili's. Everything I have ever heard about 11910 Chili's is great. Maybe there is another location in Livonia where they could go but this here location is bad unless you can convince me the C-2 is better for the City than the OS. Mr. Kluver: Just a comment. Essentially it is a more intense use but I guess there is some logistical information that is available. Our Planning Staff constantly updates this type of data. We did make a Restaurant Study in 1990. I think numbers come in to play and I look at the petitioner and I certainly welcome the fact that they want to invest in Livonia; however, in 1990 we had 217 eating establishments in this City. That is 36 square miles. I am going to take the inside of the square, which would go from Inkster to Middlebelt, Middlebelt to Five Mile and then back to Inkster. At that time you had nine establishments already there. I think there are logistics that are available that support the fact of the intense use by going from OS to C-2. Mr. Tangora: I appreciate the comments. I think there is complete agreement that we are dealing with a quality operator here and they will certainly build a facility that they and the City would be proud of. They do keep their properties in immaculate shape. They are landscaped well and are maintained and there is usually never a problem with them. Whether there is a need for another restaurant or not? They are successful every place they go. They are in the type of market that continues to expand. More people are eating out and they are looking for facilities and some type of a different eating situation that Chili's offers them. Mr. Engebretson: Mr. Nagy, have we received any correspondence? Mr. Nagy: We have received a letter from the Engineering Department stating '411111110' they have no objections to this rezoning proposal. We have also received a letter from Detroit Edison that they have no objection to this rezoning. Mr. Engebretson: Is there anyone in the audience wishing to speak for or against this petition? Jim Paison, 29321 Perth: That is the first lot that backs up to Middlebelt. Middlebelt is overcrowded now. They back up sometimes back to my house for Schoolcraft. We don't need a bar back there and that is pretty much what it is. It has a limited amount of food. It is mostly a bar and it has younger crowds there. We don't need them in our backyard. It is too crowded there now. You have let too much stuff be built in there. We were here at the last meeting and he had said he gave this property to his partner because his partner didn't want to do the back end. Now all of a sudden he has it again. I just think the guy plays games with the property and he has more than met his needs. He can't fill what he has now. He doesn't need anything else there. Mr. Engebretson: You are aware sir that the petitioner could come in and build one more office building there? 11911 Mr. Paison: Yes, he can build an office there but he can't build a building that is going to be open until midnight with people coming out drunk and with houses backing up to it. John Fleischer, 29313 Perth: My property Is Lot 32. Part of my concern is that 3 1/2 years ago when I purchased the home I am living in now, I was concerned with the vacant lot and I did check the zoning and one of the things that made me want to live in this community is the fact I would not have a restaurant in my backyard. I am aware of part of the problems that could be caused from having a restaurant in your backyard. I currently feel we have enought restaurants. We have Chi Chi's, Olive Garden and Bob Evans. I believe there is currently too much traffic in that area. I am concerned about disturbances caused due to that traffic and the fact you won't have privacy in your backyard. I don't believe we would have any if you had constant traffic coming in and out of the restaurant. I am also concerned with the trash. You would have dumpsters there with the smell and odor that you would be aware of in your backyard. I feel that would definitely make me reconsider wanting to stay in my current home. I don't feel the quality of having a backyard and being able to do things like having barbecues and picnics, etc. would be in my best interest to stay there. I also feel the property value would be decreased if this restaurant were to go in place. If I wanted to sell it, personally I wouldn't want to buy it if the backyard faced a restaurant. One of the other concerns I have currently there is just a wooden fence in my backyard. I am definitely not for this rezoning but if it were to happen, then I would want a brick fence placed along my property similar to the other residents. Currently I know of Chili's reputation and where I work in Dearborn there is a Chili's that is real close to where I work and I do know they get a younger crowd, especially late at night after working hours so I would have a concern with possible rowdy activities. That is all I have to say. Mary Toovalian, 29305 Perth: I am Lot 31, which is the shortest yard. As the Mayor pointed out, we were promised there would never be a restaurant there after Mike Kellys was put up because we had a big argument about that one. That restaurant is going to be right in my backyard. I will never have privacy. I will never have quiet. My house will be lit up all night. Don't tell me there is no fighting in the parking lot. There is fighting in Chi Chi's parking lot many times. The police cars are out there. There are all kinds of activities going on back there. I have been a resident in Livonia for 15 years, my parents for 37 years. I don't think this is fair. You have to look out for us. You have chopped up this property piece by piece every three years whenever Mr. Guastello decides what he wants to put in there. This is not the first restaurant that has approached me. I have had three or four calls in the last three years from many different resturants and I told them my opinion. I know something has to go back there but it should be an office. You are talking about a 12-hour operation from 11:00 in the morning until midnight. Would you have that in your backyard? How could you ever use your back yard. You will have no privacy. You could never entertain. You couldn't even sit 11912 out there. As it is the smell from Chi Chi's on a warm day is nauseous. I have to close my doorwall and put the air conditioner on because of the smell, which I don't like to do all the time but I have to. I complained about this years ago and they told me it was my imagination. If you tell me they are building an office, I Now. against no problem with that but another restaurant backing up right against our property. I looked at the Chili's. They have lights all around the building. Maybe 40 or 50 lights attached to the building not counting what they are going to put in the parking lot. Would you want that in your backyard? Would you want to live like that where you would be embarrassed to have anyone come and have a barbecue in your backyard? It is a young people's restaurant and they don't care when they are drunk. They don't care what they do. Would you want that in your yard? With an office, at least they are in 9:00 to 5:00. I have no objections to that, but a restaurant. That would be three in a row. One across the street, the French Epi next to them, a party store and now you are building a service center. Do you know how horrendous that traffic is out there? I have had two major accidents out there. I don't even go out that way 90% of the time. I go through the subdivision, that is how frightened I am and you are going to put a restaurant in there? The traffic is too heavy. You don't live there. You don't hear the noise at night, what is going on in those parking lots with the motel and restaurants. We do. If you lived there, you would know. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 92-1-1-1 closed. On a motion duly made by Mr. Tent, seconded by Mr. McCann and unanimously approved, it was olur #2-219-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 92-1-1-1 by T. Rogvoy Assoc. Inc. for Chili's of Michigan requesting to rezone property located on the east side of Middlebelt Road, north of Schoolcraft Road, in the Southwest 1/4 of Section 24 from OS to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 92-1-1-1 be denied for the following reasons: 1) That the proposed change of zoning is contrary to the Future Land Use Plan designation of Office for this subject property. 2) That the proposed change of zoning will not maintain the buffer zone concept whereby a more restrictive zoning district is placed between a more intensively used, less restrictive district and residential development so as to lessen any negative external effects which tend to erode the peace, tranquility and enjoyment of the residential area. 3) That the proposed change of zoning to a less restrictive zoning classification will provide for development which will increase traffic congestion in the area. 4) That there has been no demonstration of the need for more of the type of uses which are attracted by the proposed zoning district to serve the surrounding neighborhoods in the area. 11913 5) That the placement of the existing office uses on adjacent properties were predicated on the notion that the extension of additional office uses onto the subject property would complete a very logical development plan for the 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. Tent: I would like to add a sixth item, which is very important, which we haven't covered. We covered this during the beginning of the meeting, that is the insufficient parking on site and the shared parking with existing property would present a serious problem. Mr. Morrow: We are dealing with a zoning issue and I think that last point Mr. Tent made concerns site plan. We are not talking about a restaurant here tonight. We are talking about zoning and in C-2 a number of classifications can go in there. Should we go with Chili's, who is with us tonight because they have shared with us what they want to do on that property, that does not mean the C-2 could not change. I will support the motion if we drop the last item and I will tell you why. We have worked with the property owner in the past, when I believe it was an R-7, and we went to the office service. We talked to the neighbors, as a couple of the people have indicated tonight, and I am not sure we made a promise. I am not sure that is within our power to make a promise as it relates to zoning but I supported the office zoning because I have been a strong believer in a buffer between commercial and residential and I could not go back on my committment as a planning commissioner to go from office service to a more intense use, particularly if the restaurant would prevail at a subsequent public `. hearing. It is for those reasons that I will favor the denial of this zoning request. Mr. Tent: If I might address Mr. Morrow's remarks about item number 6. The reason I put that in is because I share his feelings about this. I certainly share the feelings of the neighbors because what they say is totally true. Mary, Jim and John, I appreciate the fact that you have come to Livonia because it is a good city and has good planning. We certainly don't want to go back on our word. The reason I put this language in about the parking at this particular time is for the wisdom of Council because this has to go before them. Let them know in the past what has happened with this particular parcel. There is no parking. I will be more than happy to withdraw item number 6. Mr. Morrow: I don't think it is within our prerogative to condition zoning prior to what we know is going to be the use in there. Mr. Engebretson: I recommend, that knowing Mr. Morrow is a purist and he generally has the right track on these issues, I would defer to his wisdom and suggest that Mr. Tent agree that we omit that last item. Mr. Tent: It's fine with me. 11914 Mrs. Fandrei: I feel we are commissioned to consider good planning. That is why we are here. I feel we have a commitment to this neighborhood to not overburden the area with four restaurants. We also have a commitment to the community. I do not feel a fourth restaurant would be good planning. It is as simple as that. It would not be a service to the community. Mr. Gniewek: I would like to go along with Mr. Morrow's comment as far as we are voting on zoning in this particular instance. We haven't seen a site plan. We don't know if parking would be a problem. There might be sufficient parking available on that particular site. I would agree with Mrs. Fandrei and my other colleagues. We have a buffer zone there. We have a zone that has been created with a lot of thought to buffer the residents from what is presently existing along that area there. We not only have three restaurants there, we have the party store, as the lady indicated. We have a bakery that has sit-down food in it. We have Mitch Housey's, which is another restaurant. We have across the street at the racetrack another restaurant. We don't need another restaurant in that area. Mr. McCann: I would like to point out to Mary, whose comments to the board this evening, seem to indicate that we, as commissioners, had something to do with allowing this to be brought before the City. Actually, we sit up here and we have our first chance to respond to anything that is brought before us tonight just as you do. We had no involvement in bringing this up. We may feel as outraged as you do about the idea of putting a restaurant there. This is our first opportunity to discuss it with the public and to make our feelings known. I do agree with my fellow commissioners. I think it would be poor planning to go to commercial zoned property next to the residential area we have there when we do have sufficient commercial property on the corner. This is no way one of our ideas. It is just when we take an item like this, we have our oppportunity tonight like you do to express our opinion and vote on it. Mr. Engebretson: Because I am sensing considerable opposition to this proposal, I am going to take this oportunity to agree with Mr. Tangora that Chili's is indeed a quality operation. It is a restaurant that I go to on a fairy regular basis in Farmington Hills and I enjoy it. They have good food, good service and it is well managed and controlled and it is a good operation and I want to encourage Chili's to come into Livonia. However, this is not, in my opinion, the right location. It is presently zoned as OS. The proposed zoning is C-2, which is two clicks up and in addition to that this type of use requires a waiver of use, which is even a third level more intense than what has been planned. Earlier we heard Mr. Vyhnalek and Mr. Morrow refer to past commitments made to the residents in that neighborhood where existing zoning is intended to be buffered and I take those kind of comments very seriously. I don't think that there is any way that we can break faith with the community on that kind of issue and I am sorry that it has reached this point without that kind of message being brought to you loud and clear. I realize everyone has the right to petition for a 11915 change. That is the American way. On the other hand, if you go out and spend some time at that location, to not be understanding of the residents' predicament that they would face with this intensity would be impossible to understand. I do hope that Chili's would find a location. I definitely obviously will be planning to support this denying resolution. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Petition 92-1-2-1 by Perry Drug Store Inc. requesting waiver use approval to transfer an existing SDM license to a new location within the shopping center located on the northwest corner of Seven Mile and Farmington Roads in the Southeast 1/4 of Section 4. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to the waiver use proposal. Also in our file is a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found, therefore, they have no objections to the proposal. We have also received a letter from the Traffic Bureau stating Perry Drug Store is well established at the location and they find nothing in the move to the new location that would change the existing approval granted by the department in the past. We also have in our file a letter received from the Division of Fire stating they have no objections. Lastly, we have received a letter from Detroit Edison stating they have no objection to this petition. "%. Mr. Engebretson: This afternoon Mr. Polsinelli called me and told me due to some personnel shifts within the Schostak organization, they were not going to be able to be present tonight but I am wondering if that has changed and if there is anyone here representing the petitioner? William Beech of Miller, Canfield, Paddock & Stone, 150 W. Jefferson, Detroit: I am here tonight representing Perry Drug Store and I am with Ted Stuwicki, District Manager of Perrys for this area and if you have any operational questions, Ted will be more than happy to answer those for you. We are here requesting a waiver of use so Perry Drug Store can move its location where it currently is to the corner. To refresh your memory this shopping center was built in the mid 1970s. Perrys was one of the original tenants and has had an SDM license at that location ever since the store opened. They now have the opportunity to move to a larger facility with a better visibility frontage to the street and they would like to take advantage of that opportunity and by doing so would like to move the SDM license down to the corner location. (Mr. Beech showed photos of the new store. ) We are here to answer any questions. Mr. Tent: Mr. Beech, are you proposing any additional signage on the building? `rrr. 11916 Mr. Beech: l I believe they will be proposing signage. I think they have talked to John originally and had signs on both sides. They have regrouped. Maybe John can answer that question. Mr. Nagy: By our ordinance they are allowed 80 square feet of wall sign and they are allowed only one wall sign. What they are desirous of having, because of the corner location, on the east where they face New the off-street parking lot, as well as the fact that they side on Seven Mile Road, they propose two wall signs, each 80 square feet. So the result of that, on the basis of two wall signs as well as total square footage of both wall signs, would be double what is allowed and would be in violation of the zoning ordinance so therefore they sought an appeal for that second wall sign to the Zoning Board of Appeals. That meeting was scheduled, I believe, for February 11. Due to the fact that at that meeting there was not a full board present and the board gives the petitioner the option to remove the item from the agenda until such time as there is a full board, the item was removed from the February 11 agenda and rescheduled for March 3. Mr. Tent: This is a control zone so it will also have to go before Council? Mr. Nagy: If they are successful, before a wall sign can go up, they will have to come back both to the Planning Commission for a review, pursuant to the control ordinance, as well as they will have to have the City Council concur. Mr. Tent: So at this point we have no sign being proposed? Mr. Nagy: That is right. What is before you is simply whether or not the matter of the license here should be allowed at the new location. gala. Mr. McCann: Are you going to be increasing the size of the store? Ted Stuwicki: Yes we are. I believe we are increasing it by approximately 1500 to 2000 square feet. Mr. McCann: Are you going to have a separate area for the liquor and the beer? Mr. Stuwicki: We will have coolers for the beer and a separate section for the wine. Mr. Morrow: I believe the gentleman said Perrys has been there with a beer and wine license since 1972? Mr. Engebretson: He said the center was constructed in the mid 70's. I don't know if he specifically gave us that information relative to Perrys. Mr. Stuwicki: I said mid 70's. Mr. Morrow: Have you had a beer and wine license since the inception of the store? Mr. Stuwicki: That is correct. 11917 Mr. Morrow: I think we are in conflict with the ordinance as it relates to Primo's Pizza and Livonia Italian Bakery. K-Mart, I believe has given up that particular sale. I guess I would like a little history on the site. How do you relate to Primo's? Were you there before Primo's? Mr. Nagy: Yes they were. Mr. Morrow: So you are the longest standing distributor of beer and wine in that area and you just want to move it a little bit further to the south? Mr. Stuwicki: That is correct. Mr. Gniewek: Will this be a 24-hour operation once it moves? Mr. Stuwicki: There are no plans at the present time to make it a 24-hour operation. Mr. Gniewek: You have one 24-hour operation presently in Livonia at Six Mile and Newburgh? Mr. Stuwicki: Yes. Mr. Gniewek: This would not become 24 hours? Mr. Stuwicki: There are no plans at the present time for it to be a 24-hour operation. Mrs. Fandrei: I am looking at your lease summary. It looks like your original date was April of 1978. Would that be about right? Mr. Stuwicki: Yes. Mrs. Fandrei: On Exhibit B of that packet we received, in the western part of the building is the restricted areas and potential future expansion. Is that inside the building or the exterior area? Mr. Stuwicki: I don't think that applies to Perry Drug Stores. That looks like an expansion between the K-Mart building and the rest of the center. That may be future expansion that Schostak has in mind but not Perrys. Mr. LaPine: To the gentleman from Perrys, in the future are you going to try to get a packaged liquor license? Mr. Stuwicki: Of course, we would like to. I can't say at this point in time whether we have plans or not. There is currently an SDD application that has been filed, which is now on hold because Livonia does not have any more SDD licenses to provide to businesses like Perrys. We are now in the process of reviewing it to see if it is worth the effort to go out and secure an SDD license to transfer to this location and if, in fact, we were to transfer it to this location whether or not it meets all the 11918 requirements of not only the City of Livonia but the LCC of the State of Michigan. The decision hasn't been made whether or not to pursue it at this point in time. Mr. LaPine: Assuming you weren't granted the privilege of moving the license to your new location on the corner, what would happen then? Would you stay where you are at? It is kind of strange that you come in and ask now to have the license transferred when they have already started to renovate the building you are going to move into like there was no problem, it was going to go through. Mr. Stuwicki: It is a situation where the location where we are moving to is a better location. It will give us much more visibility and a larger area. I believe whether we would get the transfer or not we would still move. Mike Fandrei, 19578 Fitzgerald: I would like to thank Perry Corporation. Some of the commissioners might remember a few years ago the struggle we had with a liquor license that was going to be sold on the open shelf. After we fought that battle, I went down to the Perrys at Six Mile and Newburgh and they had changed their liquor and put it on the shelf where anybody could get at it. I called Flint and mentioned to them that if they wanted another liquor license in Livonia and they were going to sell it on the open shelf, they would have a difficult time. Lo and behold, two months later their liquor went behind the counter again so I would like to thank Perrys for cooperating with the City. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 92-1-2-1 closed. On a motion duly made by Mr. McCann and seconded by Mr. Gniewek, it was fir. #2-220-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 92-1-2-1 by Perry Drug Store Inc. requesting waiver use approval to transfer an existing SDM license to a new location within the shopping center located on the northwest corner of Seven Mile and Farmington Roads in the Southeast 1/4 of Section 4, the City Planning Commission does hereby recommend to the City Council that Petition 92-1-2-1 be approved subject to the waiving of the 500 foot separation requirement set forth in Section 11.03(r)(1) of the Zoning Ordinance by the City Council 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 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 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. 11919 A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Gniewek, Kluver, Morrow, Vyhnalek, Fandrei, Engebretson NAYS: LaPine ABSENT: None r'�• Mr. Morrow: I am not normally one to support the motion where we are waiving one of the requirements of our ordinance, which is the 500 foot separation between other users, but as we established earlier, they are pretty much grandfathered into that area and they are just changing their location. On that basis I feel comfortable going along with the approving resolution. Mr. Gniewek: I only want to indicate that as the resolution is written it indicates this is subject to the waiving of the 500 foot by the City Council. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Petition 92-1-2-4 by AFC Roofing & Insulation requesting waiver use approval for outdoor storage of contractors materials and equipment on property located south of Schoolcraft Road between Middlebelt and Merriman Roads in the Northwest 1/4 of Section 26. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to the waiver use proposal. We have also received a letter from the Division of Fire stating they have no objections to this proposal. Also in our file is a letter from the City of Detroit Water and Sewerage Department stating there is no conflict with any City of Detroit Water and Sewerage Department Transmission Facilities. Also in our file is a letter from Detroit Edison stating they have no objections. We have received a letter from the Traffic Bureau saying the concerns of their department have been met on previous petitions and this storage use request poses no additional problems relative to public safety. Lastly, we have received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found, therefore, they have no objections to the proposal. Mr. Gniewek: Is it possible we may have some sort of view of the site with the new parking indications as far as where the parking will be as far as customer and employee parking is concerned? Mr. Shane presented a site plan for the commissioners. Also there is a note on the plan which says storage lot to be hard surfaced according to City of Livonia code and regulations. As you know, the zoning ordinance requires that the storage area be hard surfaced within a two-year period and this note is in recognition of that particular requirement. 11920 Mr. Tent: H, that note referring to the hard surface. Are they proposing to do that within two years or will that be done simultaneously with the development of the property? Mr. Shane: If one were to take the note verbatim, it would be what the code requires. `tow Mr. Tent: They would comply with the two years? Mr. Shane: Yes. Mr. Engebretson: Would the petitioner please come forward and tell us about your plans for this property. Scott Evett, Owner of AFC Roofing, 13101 Eckles Road, Plymouth: We are petitioning for a contractors yard at this particular site for the location of our business. We are a industrial, commercial and residential roofing company and we work throughout the metropolitan Detroit area and do a lot of work specifically in Livonia, Canton and Farmington areas. Mr. LaPine: At the back of your property there is a TV antenna - big dish. Is that on your property? Mr. Evett: I believe it is on the adjacent property. I am not aware of that. Mr. LaPine: Are you moving from Plymouth to Livonia? Mr. Evett: Correct. Mr. LaPine: The list of equipment you have. How often does it come and go? Mr. Evett: The majority of time it iss not in the yard. Right now 80% of the equipment is not in the yard. Mr. LaPine: I assume you do asphalt, roofing and things like that Do you store any big drums that melt the tar there? Mr. Evett: Currently our asphalt is very minor. We do not have the large tanker kettles. Mr. LaPine: Would they be stored outside or inside? Mr. Evett: All outside. Mr. Vyhnalek: How big are these items that you want to store? Mr. Evett: If you are talking about the kettles, in today's roofing market that system is very rarely used. However, those particular kettles we have are probably the size of a trailer, which would be about 6 feet by 8 1/2 feet. The other two would be smaller. Mr. Vyhnalek: You are planning on gravelling that area now. Nom. 11921 Mr. Evett: This particular plan shows both storage that we would use right now and in the future. Anything we would be using right now would be hard surfaced immediately if it does not have an acceptable surface right now and within the period alloted us we will have made it hard surfaced throughout. Mr. Vyhnalek: You made a statement to Mr. LaPine that 80% of your equipment is out. How about on the weekends? Mr. Evett: It stays on the job. Mr. Vyhnalek: Do you do your maintenance right there? Mr. Evett: Any of our maintenance is done on the site. Mr. Morrow: I think I saw somewhere in our background notes or heard in our study session you had a crane? Mr. Evett: You could call it a crane but it is also a boom truck. It would be on the same line as a stake truck with approximately a 20 foot length. Mr. Morrow: That boom is not sticking up in the air? Mr. Evett: Correct, and that is usually out of the yard also. The stick is 120 foot long but when it is detracted it is not allowed to go any further than the 20 foot bed. Mr. Engebretson: I just wanted to make sure I understood about resurfacing the lot. You said you plan within the two-year time period to hard surface the entire portion of the lot that you are asking to be designated for outside storage? Mr. Evett: Anything that we would be utilizing. Mr. Engebretson: You would comply with the ordinance that requires you to hard surface the entire section of area that you are asking for approval for outdoor storage? Mr. Evett: If that is what is required. Mr. Engebretson: In addition to that, you plan to hard surface whatever area you would utilize for outdoor storage whether you are required by ordinance to do it or not. Mr. Evett: What I am saying is all the areas that we would use for outdoor storage, we would hard surface. Mr. Engebretson: That is the point I wanted to clarify because you are not required to do that until two years. Mr. Evett: I understand that but for our own use we would probably, at our option, in other words this is a proposed plan. Right now we would only utilize about one half of that. When we initially go in 11922 there if any of those areas are deficient for our purposes, we will make sure those are taken care of immediately. Mr. Engebretson: I am not trying to be antagonistic I just wanted to make sure I really understand. I just wanted to make sure I heard you correct. The only other question I would have is to inquire whether of not any materials you use are toxic? Mr. Evett: The toxicity levels would be no worse than gasoline or solvents. I can't say nothing is toxic. We have glue, solvents, anything you would use from an industrial standpoint or an application standpoint of materials. The same materials we put on hospitals, schools, once they are installed they are not toxic. Mr. Engebretson: While they are not in an installed stage, while they are a raw material, do they require any special handling, special disposal consideration? Mr. Evett: No different than any other material of this nature. United Parcel Service could deliver the material. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 92-1-2-4 closed. On a motion duly made by Mr. Gniewek and seconded by Mrs. Fandrei, it was #2-221-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 92-1-2-4 by AFC Roofing & Insulation requesting waiver use approval for outdoor storage of contractors materials and equipment on property located south of Schoolcraft Road between Middlebelt and Merriman Roads in the Northwest 1/4 of Section 26, the City Planning Commission does hereby recommend to the City Council that Petition 92-1-2-4 be approved subject to the following conditions: 1) That the Site Plan dated 2-20-92, as revised, prepared by AFC Roofing & Insulation which is hereby approved shall be adhered to. 2) That all existing graveled parking and equipment/material storage areas shall be hard surfaced with concrete or asphalt within a two (2) year period as required by Section 13.06 of the Zoning Ordinance. 3) That failure to comply with any and all conditions found in this Resolution or with any and all conditions imposed upon this use by the City Council or by any City Department will cause this matter to be brought back to the Planning Commission and to the City Council for further consideration. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Gniewek, Kluver, LaPine, Vyhnalek, Fandrei, Engebretson NAYS: Morrow ABSENT: None 11923 Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Petition 91-12-6-1 by the City Planning Commission to determine whether or not to amend Section 18.42 of the Zoning Ordinance so as to provide for additional standards regarding satellite dish type antennas. \r• Mr. Engebretson: The City Planning Commission is the petitioner in this instance. What we are proposing to do is to change the language in the ordinance dealing with the regulation of satellite dishes in residential areas to be clearer and more defensible. John, can you tell us what the change is. Mr. Nagy: I will let H Shane read it since he is the author. Mr. Shane: As you indicated, the purpose of this amendment is to be more definitive on why it is that satellite dish antennas are treated differently than other ones, particularly in residential areas. This is a recommendation of the Department of Law. The language which is being added reads as follows: "Because of the unique size and design of satellite dish type antennas and because the objective of this regulation is to promote and preserve the peace and tranquility of neighborhood residents, enhance the physical appearance of the City, preserve the aesthetic quality and beauty of its residential neighborhoods, eliminate or prevent visual blight and preserve property values in accordance with the comprehensive plan of the Zoning Ordinance as stated in Section 1.02". The rest of it is existing language. It goes on to say the mounting of satellite dish antennas, in certain areas, require site plan approval. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-6-1 closed. On a motion duly made by Mr. Gniewek, seconded by Mr. Tent and unanimously approved, it was //2-222-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-6-1 by the City Planning Commission to determine whether or not to amend Section 18.42 of the Zoning Ordinance so as to provide for additional standards regarding satellite dish type antennas, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-6-1 be approved for the following reasons: 1) That the proposed language change will provide for more definitive reasons and criteria for treating satellite dish antennae in a more restrictive manner than other types of antennae. 2) That the proposed language amendment is recommended by the Department of Law. 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. Nor. 11924 Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda will be Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Num. Section 6 from M-1 to PO-II; PO & M-1 to ML: M-1 to C-1; PO to C-2: and OS & C4-III to C-2. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating their office has no objections to the rezoning proposals; however, the ultimate use of the property may adversely impact on the sanitary sewer system along Seven Mile Road. They will, therefore, require the petitioner to submit to their office projected sanitary sewer flows for the entire site as they relate to the original design criteria for the Seven Mile Road sanitary sewer system. We have also received a letter from Detroit Edison stating they have no objection. Mr. Engebretson: I would like to recognize Mayor Bennett, who was going to write a letter but he decided he would come down and talk to us about some background information regarding this project. Mayor Bennett: I suspect it is a bit unusual for the Mayor to be here, particularly at a public hearing on a zoning matter. Inasmuch as my schedule got screwed up a week ago and it didn't get on my daily calendar, I missed that opportunity to appear at your study meeting and I apoligize for that. I am here tonight not to present the case for the petitioner but to bring you up to date on how this petition has reached this point and what has brought us to having this matter before the Planning Commission. As you know, over the years there have been several attempts to zone, plan and develop what we have come to know as the Chestnut Hills property and subsequently a little later on the Pentagon property without any significant success to see fruition of some of that zoning and planning. The only noticeable result is what Mr. Bakewell pointed out to you, that is the medical center in the OS there. There is no pride or pleasure taken in making those comments that it has not been successful. For a number of reasons it has not been, and one of the most important is what has happened to the development economy of the region. Not just Livonia but all over the state. Things have not worked out in the way of several significant developments as we had hoped they would a number of years ago and this has been a good example of that. Historically Chestnut Hills and Pentagon were treated as two separate entities. Chestnut Hills was owned by the Jonna Company fir.. 11925 months before they came into ownership of what is now known as the Pentagon properties. We originally dealt with the Chestnut Hills piece, which is the northerly section of this large piece of property. Also as a bit of history, you will recall we had a Price Warehouse proposed for the Penatagon piece, the southerly piece, which met with significant opposition and ultimate denial. There were various petitions involved with that and then we wound up in *grow court with the owners of the property suing the City over the lack of permission to build a Price Warehouse. The City was successful at the Circuit Court level in defeating the petition for lawsuit and that matter now is under appeal in the Court of Appeals by the owners of these properties. After the adjudication of the court case at the Circuit Court level, some months later Frank Jonna called me and said we have not been successful, what can we do to settle our differences with the City and come to a new approach to the development of this property that recognizes the changed economic conditions and other things and proceed again to find a way to produce a fruitful development on the property. So I sat down with representatives of the Jonna Company. I suggested to them there are several things we would have to see for us to be successful in some new approach. Among those were we would first forget about any kind of an idea for another Price Warehouse or Pace Warehouse or like type business development in either of these two properties. Secondly, that it would be important to recognize that M-1 zoning was not appropriate for this area. In response to a question what would be good for development up there, my general response is we certainly would look for research and engineering type developments, clean industry meaning the kinds of things we would get in ML. Of course, we would not be offended with office uses at any level of development, meaning two stories, six, eight or twelve. I said we would like to '44116. see a down zoning of the M-1 to the ML classification. Furthermore, any future development that would take place there would have to recognize there are two significant areas that have been designated as wetlands and that those wetland areas would have to remain. That is that there would be no attempt to mitigate those lands with properties outside the Livonia area. That any commercial development, aside from what was already zoned commercial at the very extreme south end of the property, would have to be at the north end of the property and that commercial development should be limited in size. Maybe Mr. Nagy will checkmate me on this one, I believe we said not more than 130,000 square feet. Is that right? Mr. Nagy: No, we said 250,000 square feet. Mayor Bennett: Some limit would have to be placed so we know going into the process what we would wind up with. We suggested that some of the property that fronts on the expressway side, we would still prefer to see with the idea of more than a two-story development but we, when I say we I am speaking as a representative of the City, would prefer to see multi-story development, if possible, along that 11926 expressway side of the property but we were not particularly concerned with whether it was eight stories, six stories or four so maybe we should be looking at a PO II as opposed to some of the other classifications that exist there. Then as this conversation over several meetings began to evolve, Jonna suggested to me that how do you think the City would react if we took a subdivision approach, that is we subdivided most of the property that we have come to know as the Pentagon piece. I reacted favorably to that idea on the basis that we are looking at a very changed market condition, a very changed development condition in this area, again meaning the whole metropolitan Detroit area, and that might be a feasible way for them to market and for us to see development if it was, in fact, subdivided. In that context I suggested to them it would only work if they would provide, in their planning, for an integral road system that would serve all of the properties of Pentagon and Chestnut Hills. If I have touched on all the bases, that is the kind of thing that has brought to you tonight this petition for significant rezoning. I think I have touched on all the elements of this proposal. I think we probably are, in my opinion, on the track to finding a new approach for development. It has been conceptually presented to the City Council in an informal Committee of the Whole meeting. Their reaction, if I perceived it correctly, was positive, with the exception of the proposed layout, and it was only in its very preliminary stages of the site planning of what you will see tonight, the commercial piece. Not that they objected to the commercial but the particular layout of the building and how it particularly related to the expressway side of the development. I don't know that since that session whether there has been any further work on behalf of the Jonna people to designing a new site plan. I know that is really down the road but perhaps they have some new ideas on that now but that will be a problem. They are aware, assuming approval of zoning, that they are going to have to come up with a pretty good site plan on the commercial piece that reflects both appearance considerations from both the Haggerty Road side as well as the I-275 side. That is what brings us here tonight and I feel it is important that I bring you up to date as to how we got here and what some of the parameters are that I suggested to these developers that they must address. I think they have done that and if we are successful in these zoning changes, we may get back into seeing some success stories with this development. The final step of this will be, if we can come to reasonable agreement all the way through the process, Pentagon Properties will withdraw their appeal in the Court of Appeals. I will suggest to you that is not a motivation for me being here to tell you in any sense that is why I am recommending serious consideration of these proposals. We won the law suit at the Circuit Court level and we will win it at the Court of Appeals level. However, we would prefer to settle our differences outside the courts if we can do that and this will present an opportunity. That will be one of the ultimate results of a successful consideration of what you are going to see here before you tonight. `r.. 11927 Mr. Tent: Mr. Mayor, I appreciate the fact that you came out here tonight and your presentation was excellent. I want to play devil's advocate for a minute and maybe you can answer the question. As you know, zoning cannot be conditioned. While this plan is very grandiose and looks great and, of course, it would meet a lot of the criteria we are looking for in the City but let's say perhaps they went bankrupt and the thing died. The land has been rezoned, etc. How Slay could we effectuate this type of plan with any new owners? Is there any assurances that we would have that we could pursue with this plan? Mayor Bennett: No more than any other piece of vacant property. You have already seen the current zoning that is now there in place come to fruition with a plan for development and again, I don't take any joy in telling this story but part of the development got as far as putting the foundations in the ground for an eleven story building and those foundations sit there today, so the best laid plans of mice and men don't work out as we would like them to sometimes and I think this is one of the best cases around that points to that. Mr. Tent: You have privy to a lot of the information. Would you say this is a go situation? Mayor Bennett: Let's relate a moment to the subdividing idea. It would not surprise me at all to see the developer market and sell off individual parcels. That is the whole idea of subdividing. I think in that context, because we will be dealing with smaller entities in an overall development, there is a better opportunity to get it developed, recognizing where we are today that some of those grandiose dreams, and I don't say that in sarcasm, that we have looked at on this property and some others in Livonia in recent years have failed. I know there is a representative from fir. Victor here tonight. Look how that development has slowed compared to the time schedule that we saw for it about 7 years ago. That is not to say anything was wrong with the project. The market has changed. Times have changed. Financing has changed. I don't think there are those guarantees. In all honesty I think what we are going to see Mr. Tent, if this proposal gets through, we will see probably the commercial development. I think the petitioner will tell you that he has a good handle on at least one, possibly two tenants, for the center. That reminds me I did forget to touch on an area of consideration. Commissioners may recall there was a point in time when I said that we probably should not have any commercial in this development here. Again, some things have happened that have caused me to come a full circle. Those things that have happened are things that have happened outside the boundary lines of our City. The development of Meijers in Northville Township. The Novi Hilton, the Chili's, the Hampton and other developments have suggested that a new commercial kind of center has evolved there and I am a bit unconvinced that it would be wrong to say no more commercial on our side recognizing what has taken place there. Also my thinking has changed to this degree. I think the community of interest of any commercial that goes into the area that it will serve will be primarily areas that are outside our boundary lines. 11928 The potential store would be Target. The market circle that would serve Target would be a circle and the bigger part of that circle would be outside Livonia. I am of the opinion now that it will not create a circumstance that would draw down to any significant degree our other existing shopping centers in the City. .. Mr. Tent: You answered my question. I just wanted to echo my concerns that No it would be a go situation and we are not buying something that will never materialize and will be sold off to someone else. Mayor Bennett: You can ask that question again of the petitioners but I think that the answer is yes there is a chance of sale of elements of this property but I don't know that is wrong. Mr. Vyhnalek: What is happening on Haggerty Road? Is that being widened? Mayor Bennett: There is no City project involved there. That is another good question you could ask when Frank Jonna is up here. If memory serves me, in their original plan they provided for the widening of Haggerty all the way to the wetlands and, if memory serves me, it is also on both sides of the road. I think he is going to tell you tonight that would still be a commitment. Mrs. Fandrei: Mr. Mayor, you referred to the Northville and the Novi area. Have you seen any specific plans that Northville and Novi have between Six Mile and Nine Mile on the west side of Haggerty Road? Mayor Bennett: I have not seen specific plans. I am somewhat familiar with their zoning, which is on the opposite side of Haggerty, which I believe is primarily office zoning from Meijers on down to Six Mile. The property that Ward Presbyterian Church owned, some of that has been sold. That has died on the vine. Mr. Nagy: The whole corridor is either planned or zoned for office. Mrs. Fandrei: Do you know of any area along that three mile strip, including Novi, that is zoned for C-1 or C-2 other than that small area you see on the plan? Mr. Nagy: No I don't. To the extent that it is there, it is not significant compared to the office that is projected. Mrs. Fandrei: I guess my concern about the C-2 you are referring to, and I guess I am a little confused but I will wait to see what is presented, but I have a clip from the Observer, that was just in this month, referring to this northwest area and it was the shop owners on Plymouth Road that are really concerned because they are doing so poorly and the reference was the commercial in the northwest corner of our City is taking away from the eastern end of the City. This is something I have heard also from the manager of the Livonia Mall. That is my number one, top of the list, concern about us going into the type of shops that have been mentioned in this area. Now 11929 Mayor Bennett: The only two shops I am aware of are Target and a super, super- market. A supermarket will not, of course, be a factor affecting Livonia Mall, Laurel Park Place or Wonderland Center. I share that concern. This is not, in any way, to suggest a change in my attitude as it relates to strip commercial development. I think my posture would continue to be the same. We will deal with that ,` perhaps when Chili's gets through the process at Council level and if it gets to my office, we will have to deal with that. We will deal with it at Seven Mile and Newburgh. I think you know my posture on that. There is no change in philosphy here but just a recognization that we are dealing with a pretty remote section in Livonia as it relates to our other commercial development. I believe the sphere of influence of that center will not be a dominant factor in any sense of the word on the existing commercial in our City. That is a judgment call. Mrs. Fandrei: I understand your comment. Being so remote and divided by the expressway, it will not as likely be the Livonia residents that would participate in these shops. The same thought might have been when they put the Kroger in at Eight Mile and Farmington. My understanding is it isn't doing very well, that whole center. We have had that Kroger in trouble. We have closed two Farmer Jacks. One has relocated, but we have still closed two. I do shop in that Six Mile Food Emporium and they are never really busy. Again, a concern with the same type of thing. If we had the Krogers in such trouble in that center, I do not see this one would be that much more viable. That is a concern I have. Mayor Bennett: I appreciate your concern. It is a judgment call. I think this merits consideration for some of the reasons I mentioned. There will be some other ones brought up I am sure. Now Mr. LaPine: Mr. Mayor, knowing the financial planning of the City now with the racetrack money being taken away from us, federal sharing has been cut, the state is not giving us the money they used to, assuming this 200,000 square foot development comes about, how many tax dollars would the City generate? Mayor Bennett: I would have to know the value. I don't even know if one has been proposed. Mr. LaPine: Would we generate $25,000, $30,000 a year? Mayor Bennett: I would say easily that. Mr. LaPine: I think that is a big consideration. Mayor Bennett: It is a consideration. Development has slowed for a number of years in our community. We have more than kept pace with inflation primarily due to new development, both residential and commercial industrial. That certainly has slowed down for a number of reasons, one which is the economy, and the other being we are approaching the ultimate development of our community although there are still some significant areas yet to be used. Mr. LaPine: The money would be welcome. 11930 Mayor Bennett: Not always the pure basis however. You know that. Not only is that a philosphy of this commission but it is my own and I think shared by Council, and that is that our objective is, and has been for many, many years, to provide for balanced zoning, a balance between residential, commercial and industrial. I think we are doing a good job of that, particularly in recent years. I don't 'okIso, ' believe this proposal will offend that. Mr. Morrow: Mr. Mayor, I think there are many things connected with this property. I think you had indicated that at some of your informal discussions that if we project out where C-2 should be approved, some of the concerns were about the site plan and what the ultimate development would look like. While we are talking about this, I just wanted to say that is one of my concerns. It is either the first thing you see coming into Livonia or the last thing you see going out and I think we are all familiar with the 96 curve around Brighton where we see commercial development there that does not do anything to enhance that City's position as far as aesthetically beautiful. I am not saying C-2 is what should be there but I am saying should that prevail, that would be a large area of concern for me and probably a lot of other people connected with the City. Has anything like that been discussed? Mayor Bennett: I made mention of that in my comments but maybe I didn't focus on it enough. The developers have been appraised of that very serious concern even to the point of a conceptual site plan for that C-2 that was virtually rejected . That kind of aproach would just not do the job from the very standpoint you are talking about. That question was raised and that position was raised primarily by members of the City Council when we had a similar review of this proposal with them two or three months ago. Mr. Gniewek: Discussion was brought up about the zoning that exists across the street from this location. Although it presently exists as office service, etc. , I am sure they are going through the same doldrums as we are as far as this is concerned and they are probably looking more to the same sort of situation that we are looking at here and we may see a change in zoning across the street also. So commercial could be developed across the street also. There is land available for them to go along with what they have established already as a commercial strip. For them extending it further down seems like a logical thing for me at that point. Also, with us looking for commercial at this particular location, I think is in keeping with what has been happening up at that intersection of Eight Mile and Haggerty Roads. This seems to me to be a proposal that does have a lot of merits. We are talking about zoning. We have no idea what this particular site would look like and that is a big problem that will come before us in the future. What we are looking at basically now is strictly the zoning and the conception of changes to the zoning that we are looking at tonight rather than site plans. Mayor Bennett: You won't see site plans at this juncture exept potentially for the commercial. 11931 Mr. Gniewek: I just think it is important to reflect on the fact that we are not going to see anything like that tonight. Mayor Bennett: Unless Frank Jonna has taken some thinking down the road further than what I have last seen. Nom. Mr. Gniewek: Even at that, all it is, is an idea. All we are going to do is think about that and then when it comes before us we will have to decide what is best for that type of development. Mr. Engebretson: Thank you Mr. Mayor. I think this kind of informed dialogue is very helpful in getting from where we are to wherever we end up. I just wish that all of our City officials felt the same way. Thank you for coming. Frank Jonna, 1533 N. Woodward, Bloomfield Hills: I would like to thank the Mayor for that introduction. Briefly, I would like to just add that the proposal before you, from a zoning perspective, is a significant reduction in density for the entire project, specifically Chestnut Hills from what we had anticipated developing there. The C4-III classification gave us the potential to build something in the nature of 650,000 square feet of combination office and hotel. That would be pared down significantly in the C-2 zoning. With respect to your site plan concerns, we recognize the high visibility and the impact this site has on the City of Livonia and have done some very preliminary site plans but are not ready at this time to present them to you. We certainly understand the exposure this site has and we are concerned about the impression the site will have from the freeway as well as the Haggerty Road access. I would like to point out also that the top portion, approximately seven acres of this site, is remaining as a wetland. It was previously zoned P.O. I am not sure whether we are able to get that nature preserve zoning or not. Mr. Nagy: Not as yet. Under our present ordinance the nature preserve classification is limited to publicly owned land so we are looking at an ordinance amendment to allow private as well as public lands to fall under that classification. That is why it is not included at this time. Mr. Jonna: Currently that land has a conservation easement over it and will remain in its natural condition. The concept that we propose for the Pentagon site is one that would upgrade the zoning from M1 to ML. Because of the pyramid zoning, it allows us the opportunity to put a variety of different uses in there. We are marketing it as a corporate park. We would like to put all the infrastructure in regarding the road system that would allow us to parcel it off and provide parcels to various types of users that could range anywhere from as small as an acre and a half up to ten to fifteen acres. That would give us an opportunity to market this to many Livonia residents, whose current businesses we are seeing move out to places like Plymouth and Northville. Our market has not been able to compete with those markets because we haven't had the small parcels and the infrastructure in place to do that. That is why 11932 we have asked for the consistent zoning of ML. We recognize that this property will not probably be feasible for the typical tool and die type of operation but we perceive this to have an upscale type of user that will be in keeping with the trend and the high-tech market. The portion of the site that we would like to see remain for office development is along the freeway and would be �..• the highest point in Wayne County. We would perceive in this current market environment an office building of a maximum of six stories would be feasible there given the fact that it wouldn't make sense to develop any structured parking so that would probably limit the height of the building we propose there. That also has the opportunity to provide a corporate user type of site. There is approximately 12 acres there. If combined with the portion of Chestnut Hills that is unzoned, it could grow to about 16 acres. We feel that in this plan we have tried to address all of the needs of this area and provide the diversity that will allow us to put this product on the market and develop something that will be both a tribute to the community as well as our company. Mr. Tent: Mr. Jonna, could you touch on the commercial property that the Mayor alluded to? If this zoning was successful and you were to develop the commercial property, what type of commercial do you have in mind? Are you privy to say? Mr. Jonna: The C-2 would allow for a variety of uses. We envision that this would be a large shopping center that would be one that would be more of a community center than a neighborhood center. We do not see many small users in this type of use. We would perceive that this would be a center where the anchors would range from 100,000 feet, 50,000 feet, hopefully no less than 5,000 feet. *la, Mr. Tent: Do you have any potential clients? Do you have people that you are working with now that would be interested in going ahead right now? If you are working with them and are not at liberty to discuss it, that is fine. Mr. Jonna: Yes, we have proposals that are in place with a prospective anchor for 100,000 feet. We have entered into negotiations with a super- market. People ask why would they want to be across the street from Meijers. Look at the phenomenal volume they do. Their comment was Meijers isn't for everybody and even though they are doing an enormous volume in there, there is still a market for various specialty types of stores. This would be a 56,000 square foot plus store, which would be specifically a food store and not have all the soft goods that Meijers has. Mr. Tent: So actually you are ready to go ahead? This isn't a venture that once the zoning goes through, you would sell the property? Mr. Jonna: There is certainly the possibility portions of the property would be sold. Many of the anchors today wish to control their own destinies so they like to own their own little piece of the pie. A sale of portions of the property is possible. Our intent is to accomplish the zoning, come back to you with a site plan that is feasible to you and attempt to build that as quickly as we can. We 11933 did not want to give up the Chestnut Hills plan. It was an excellent plan. It was one that we worked very hard on and stuck with for some time. Unfortunately, the hotel market has been severly depressed, the office market is nonexistent, and we feel that the biggest demand we have had has been in the commercial arena and that more than likely that would be the portion of the property that would come on line the quickest. Mr. Tent: I would like to see you succeed because you have been waiting a long time. Mr. LaPine: What you are telling us is if you are successful here, you have at least one tenant you can start construction for at this point? You would be in charge of all the construction? If we saw the site plan, we would be assured that is what we would get? You would not then sell it off and the new buyer of the property would say I don't like this design? Mr. Jonna: There is nobody first of all who would buy it in the condition it is in right now. The value in that property is for us to come to you and work with you to develop a site plan that is acceptable to you and works for our proposed tenant. Our commitment is that we are involved in the property and we want to develop it and we want to stay with the property but there are portions that may be sold off. We intend to stay involved in the development, construction and the architecture. Mr. LaPine: That puts me at ease. I was worried we would have three or four different people coming in there building three or four different types of buildings and that would not happen. Mr. Jonna: No, that is not our intent. Mr. Engebretson: Mr. Nagy, what affect, if any, does this water tap moratorium have on properties such as this? Mr. Nagy: I believe they already had their water lines constructed prior to the official moratorium. In other words, the water line was extended to serve that area pre-cutoff. What the moratorium affects is the extensions of new water mains and to that extent if they don't have it, they are going to be affected by it. As far as I know it was extended because they had already started construction although they certainly have stopped it but because of the prior development with the footings for the hotel, I believe they are post cut-off by the moratorium. Mr. Engebretson: Is that your understanding Mr. Jonna? Mr. Jonna: Our engineer is researching that and that is his preliminary finding that because we have a water main extension started through Chestnut Hills, that would be in our favor. Also, along Haggerty Road there is an existing water main that goes through the access drive through the CBS Fox property. If you are interested, I have a very preliminary plat that represents how we might parcel up the Pentagon site. 11934 Mr. Engebretson: If you will hold off for just a minute, Mr. Vyhnalek has a question for you. Mr. Vyhnalek: What about Haggerty Road? What plans do you have for that? Mr. Jonna: We have a permit in place with the County that calls for road improvements that would tie into the existing entrance to the Haggerty High-Tech building. That would include a full lane on our side and a full lane on the west side from the RE down to Meijers. Mr. Vyhnalek: What happens if you get the ML and it starts and let's say in a few years, Haggerty is still two lanes down to Seven Mile Road? Mr. Jonna: From the RE section to Seven Mile it will still be two lanes. We would propose three points of access, one that exists from Haggerty Road that currently serves CBS Fox, another one that accesses Seven Mile and the improvements to Seven Mile appear to be adequate for the type of volume we are projecting. The other one would come adjacent to the OS property. The types of use that we are proposing are much, much less intensive than what we had proposed before. We have not done a new traffic study for this zoning plan but by simply reducing the office use, I don't think we would on this whole development be able to get as much density as we had on Chestnut Hills alone. Mr. Vyhnalek: Haggerty Road is congested between Seven Mile and Eight Mile Roads. Mr. Jonna: It is most congested north of Eight Mile Road. Between Seven Mile and Eight Mile, the biggest advantage that we market to the site, is the fact that we have two means of ingress and egress to the freeway. Of course we only have one building at the site now and experience no traffic problems with that. The heavy traffic comes from the north and has to get on and off the freeway at Eight Mile Road. That is clearly a congested corner. We tell people to come to Seven Mile to exit and they don't have any problems doing that. Mayor Bennett: On that point, perhaps we could ask Mr. Nagy to request a report from our Engineering Department relative to Eight Mile Road. If memory serves me Wayne County has a project that would widen Eight Mile from Northville Road to I-275 and I know we have a project in the mill for 1993 construction from I-275 to Newburgh. (Mr. Jonna presented his preliminary plan at this point) Mr. Jonna: We have had interest from restaurants. We are committed to a upscale type product and have rebuffed the drive-thru type restaurant. We are not interested in seeing either a gas station or a drive-thru restaurant on that site. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-1-24 closed. 4r. 11935 On a motion duly made by Mr. LaPine and seconded by Mr. McCann, it was RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, �'�► in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-1-24 be approved for the following reasons: 1) That the proposed changes of zoning will provide for development of the subject properties in a manner which will compliment adjoining uses and within the spirit of the Future Land Use Plan. 2) That the proposed changes of zoning proposing an ML, P0, POII and C-1 districts will result in more restrictive zoning classifications being placed on the properties in question. 3) That the proposal to rezone property to C-2 will provide for more of a mixed use development plan for the area. 4) That the proposal to rezone property to ML will provide for industrial type uses which are very restrictive in nature and which will tend to attract less traffic to the area. Mrs. Fandrei: My concern is we have just heard this, this evening. I would like to suggest a substitute motion to table this at least until we can evaluate this a little more thoroughly. We haven't really had a chance to absorb it and I would like to suggest that. No,, On a motion duly made by Mrs. Fandrei and seconded by Mr. Kluver, it was #2-223-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, the City Planning Commission does hereby determine to consider a substitute resolution on Petition 91-12-1-24. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Kluver, Morrow, Fandrei, Engebretson NAYS: McCann, Gniewek, LaPine, Vyhnalek ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei: I would like to make a motion that we table this petition for evaluation until such time that we have an opportunity to absorb it and evaluate it. 11936 On a motion duly made by Mrs. Fandrei and seconded by Mr. Kluver, it was RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, `'_ in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, the City Planning Commission does hereby determine to table Petition 91-12-1-24 until March 24, 1992. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Kluver, Fandrei, Engebretson NAYS: McCann, Gniewek, LaPine, Morrow, Vyhnalek ABSENT: None Mr. Engebretson, Chairman, declared the motion failed for lack of support. Mr. Engebretson: Now we will go back to the original approving resolution. Is there any discussion? I have a comment. I am disappointed that we haven't had the opportunity to take just a bit more time to look into the various ramifications that we may find appropriate. This is a very substantial proposal and my comments should not be interpreted as being opposed to what is being proposed here. I find the Mayor's presentation to be compelling and if I were forced to make a decision tonight, I would defer to his more global view of the entire community and the special experiences that he has had that enable him to make a better judgment on this than I can. Therefore, I will support the approving resolution but I want the record to show I would have much preferred to have some time to have some dialogue on some of the things that I think are major 41111. concerns that would have worked to the benefit of the City and to the deverloper. Mr. Morrow: I was in favor of a tabling resolution but my thinking was a little bit closer to the next study session. I would like to offer a motion to consider a different motion and then I would like to offer a tabling resolution to March 3, 1992. On a motion duly made by Mr. Morrow and seconded by Mr. Kluver, it was #2-224-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, the City Planning Commission does hereby determine to consider a substitute resolution on Petition 91-12-1-24. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Kluver, Morrow, Fandrei, Engebretson NAYS: McCann, Gniewek, LaPine, Vyhnalek ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. 11937 Mr. Morrow: I would like to make a motion to table this petition until the study meeting of March 3, 1992 so the Planning Commission can have the intervening week to consider what we have heard here tonight and perhaps as Mrs. Fandrei said to consider the gravity of the proposal. `w On a motion duly made by Mr. Morrow and seconded by Mr. Kluver, it was #2-225-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, the City Planning Commission does hereby determine to table Petition 91-12-1-24 until the study meeting of March 3, 1992. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Kluver, Fandrei, Engebretson, Morrow NAYS: McCann, Gniewek, LaPine, Vyhnalek ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver: I look upon this project as something that will have an impact on the community. Obviously there is some economic strength in it but on the same token we are looking at some 60 plus acres. I want to be convinced it is the right way to go. I supported your other project that started in 1985 and went through a series of changes all through 1990, which was the original Chestnut Hills. There is no question in my mind that in that particular quarter of the City that this uniqueness of what you are presenting has value but I want to be perfectly clear in my own mind that I understand the whole project so I am convinced this is the right way to go. You convinced me back in 1985 and because of economic conditions and certain other factors that came into play that didn't materialize, your project was before the Victor project, and I don't want to see the same thing happen again. I am speaking as a commissioner, as a citizen and probably as a guy that wants to see development. Mr. Jonna: I appreciate and understand your concerns. I guess the only thing I want everybody to understand, obviously this is a very first step. We would be coming back for platting. We are certainly going to be before you and working with you to make sure this is a quality project. The zoning is step one and we can't really get into the specifics of the rest of that. 11938 Mr. Kluver: I can appreciate that. I have just one comment. I have seen this commission spend two hours talking about a sign that is four foot by six and we have 60 acres here. Mr. Jonna: Whatever it takes. We are prepared to provide whatever you need. '4411w"' Mrs. Fandrei: Mr. Jonna, the only portion that I am struggling with is the C-2 at the north end. The rest I am comfortable with but that section I am really having trouble with that. That is something I have to work out. If you can shed any light on that. As I mentioned to the Mayor, the Eight Mile and Farmington Road mega store, the struggle for that shopping center, Laurel Park is having difficulty getting totally leased and all of this C-2 that you are proposing does have an impact on the rest of our City. Mr. Jonna: No doubt about that. Both of those examples are a little bit different. For what it is worth, the Schostak Company is representing us in this as our broker. They also are very involved in Laurel Park. They told us they do not see us attracting similar types of tenants to this development. Mrs. Fandrei: You are going to have small tenants. Perhaps Schostak would be willing to come to our meeting next week and help give us a clearer view of this. Mr. Jonna: I am sure that can be arranged. Mr. LaPine: I am sorry Mr. Kluver doesn't have the vision some of the other of us have. If Mr. Jonna is in a hurry, is it possible that on the third, we can hold a special meeting? `tor Mr. Engebretson: We could schedule a special meeting. I just don't want to personally feel under pressure. We have been at least in the process of approving development plans to where it all started to come together. I can remember Mr. Jonna coming several times for extensions of site plans there for another year and we have always cooperated with him on that and I fail to understand whether a week or two really makes any difference. If Mr. Jonna can convince me it will make a difference, I will study extra hard to make a decision that night. Mr. Jonna: May I ask what the process would be on the third and when the vote would be taken? Mr. Engebretson: The third would be a study meeting with the tenth being a regular meeting and a voting meeting. Does that make any hardship on you Mr. Jonna? Mr. Jonna: It would be beneficial to my time table if we could request a special meeting if it is not a great inconvenience. Mr. Engebretson: I find that very hard to believe but we can call a special meeting. 11939 Mr. Vyhnalek: I don't understand. Everybody wants this to go but they still have questions that they didn't ask tonight and we will postpone it a week and they will rehash the same stuff and then vote on it. It is unbelievable. It is really unbelievable. I think it was clearly brought out what is going to be developed there and we have known that property for years and I don't see what good it is going Nom" to do but that is just one commissioner's opinion. On a motion duly made by Mr. McCann, seconded by Mr. Gniewek and unanimously approved, it was #2-226-92 RESOLVED that, pursuant to a Public Hearing having been held on February 25, 1992 on Petition 91-12-1-24 by Jonna Companies (Christine Jonna Piligian and Michael J. George) requesting to rezone property located on the west side of I-275, east of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, the City Planning Commission does hereby determine to hold a Special Meeting on March 3, 1992 on Petition 91-12-1-24. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson, Chairman, announced the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Mrs. Fandrei, Secretary, announced the next item on the agenda was a motion by the City Planning Commission to hold a public hearing on the question of raising existing and adding new processing fees. Mr. Engebretson: This is a proposal to change the fees and add some fees for the processing of the work we do and the purpose of this is to simply make a motion to hold a public hearing. On a motion duly made Mr. McCann, seconded by Mr. LaPine and unanimously approved, it was #2-227-92 RESOLVED that, the City Planning Commission does hereby establish and order that a public hearing be held on the question of whether or not to amend the Zoning Ordinance so as to establish filing fees for site plan approval and, to increase filing fees for waiver use approval. FURTHER RESOLVED that, notice of the above hearing shall be given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. The next item on the agenda was the approval of the minutes of the 368th Special Meeting held on February 4, 1992. On a motion duly made by Mr. Vyhnalek and seconded by Mr. LaPine, it was 11940 #2-228-92 RESOLVED that, the minutes of the 368th Special Meeting held on February 4, 1992 are approved. A roll call vote on the foregoing resolution resulted in the following: fir. AYES: Tent, Gniewek, Kluver, LaPine, Morrow, Vyhnalek, Engebretson NAYS: None ABSTAIN: Fandrei, McCann ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. The next item on the agenda was the approval of the minutes of the 637th Regular Meeting held on February 11, 1992. On a motion duly made by Mr. Gniewek and seconded by Mr. Vyhnalek, it was #2-229-92 RESOLVED that, the minutes of the 637th Regular Meeting held on February 11, 1992 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Gniewek, Kluver, LaPine, Morrow, Vyhnalek, Engebretson NAYS: None ABSTAIN: Fandrei ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda was Petition 92-2-8-2 by Kamp-DiComo Associates, P.C. requesting approval of all plans required by Section 8.02 of Zoning Ordinance #543 in connection with a proposal to construct a new two-story apartment building on the east side of Brookfield just south of Five Mile in Section 22. Mr. Bakewell presented the site plans to the commission. Mr. Bakewell: This is a proposal to build an apartment building housing ten units, four one-bedroom units and six two-bedroom units. There would be access from both Brookfield, which is on the west, and Fairfield, which is on the east, to parking areas on either side of the building. They have provided the proper number of parking spaces. Mr. McCann: Do the site plans show any carports? Mr. Bakewell: This particular site plan does not show any carports. Dan DiComo, representing Kamp-DiComo, 15875 Middlebelt: From the time I left the study meeting until tonight we have been in discussions regarding the two questions that came up at your last meeting, the materials 11941 used on the building and also the carports, and we have made progress to the point where the owner would like us to have ten carports on the site. It was our intention to suggest something a little bit different than normal carports, which would block a lot of the view from the roads towards the interior of the site. We have been back and forth to Florida to resolve the problem before tonight's meeting and we couldn't do it in time to represent on this drawing. (Mr. DiComo pointed out on site plan where they would like to locate the carports. ) There would be one carport for each unit. Everything has been over the phone so it has been difficult to get everything hashed out. As opposed to just drawing a normal metal topped carport, we are trying to come up with something different. The owner has agreed to do that. We just have not finalized what those carports would look like. We are working on that portion and we would like to show that they will be on these parking spaces. If there would be some sort of approval knowing that we are going to do that, I don't know if that is possible or not. With the material, we are going to stick with brick exterior and asphalt shingle roof. We are going to stick with something in keeping with the apartment building on the north and also on Brookfield, which is pretty much into the brown tones. That has been the discussion but I haven't been able to reflect any of that here. Mrs. Fandrei: Mr. DiComo, I think this solution sounds very good. I think one per unit is adequate. I think that is all that would be needed. I think that is mostly what apartment dwellers have is one per unit. I like your idea. It sounds like a good idea. Mr. Morrow: He meets the parking requirement. All the other requirements perhaps we could condition on the basis that he brings back the `�. carport plan for approval but approve everything else on that condition. Mr. Tent: Mr. DiComo, regarding the carports. In your honest opinion, will those carports detract from the complex the way you have it as far as blocking the view? You must feel you can design the carport so it will still add to the aesthetics of the development? Mr. DiComo: I think personally the carports detract from the view just because of the narrow portion of the road but I think in splitting them up and keeping them in smaller sections, and also the ideas with raising them up a little bit and having a peak roof, keeps it shorter. The idea is to shorten it down and to also have a smaller area which would really help. It would be the least obtrusive. Mr. Tent: So it will be obtrusive having the carports there for this small development? Mr. DiComo: I think they are obtrusive but I think they are a necessity and so does the owner. Mr. LaPine: There are going to be four carports? Mr. DiComo: There will be ten total. 11942 Mr. LaPine: You don't know if you are going to have any brick on those? Mr. DiComo: That is really what we are working on now. Mr. Engebretson: I trust you will find a way to make the carports work. Mr. LaPine: The line of trees on the north, do they stay? Mr. DiComo: Yes they do. Mr. LaPine: South of those there are a couple of large trees. I assume they are coming down? Mr. DiComo: I think there are two large trees coming down. Mr. LaPine: The house that is to the south, that is coming down? Mr. DiComo: Yes. Mr. LaPine: To the south of this property there is still some vacant land. Who owns that land? Does the owner of this property, own that land? Mr. DiComo: The owner of this property does not own that land. Mr. LaPine: Is that land zoned R-7? Mr. Nagy: Yes it is. Mr. Gniewek: Since we are having a special meeting next week and we don't have all the materials chosen yet nor do we have a plan reflecting the carports, what would be the problem tabling this until the next `'` meeting and voting on this along with the other item. Mr. Engebretson: Could you have it ready by then Mr. DiComo? Mr. DiComo: I will make certain that I do. Will I make the Council agenda? Mr. Engebretson: We can waive the seven-day waiting period. On a motion duly made by Mr. McCann, seconded by Mr. Tent and unanimously approved, it was #2-230-92 RESOLVED that, the City Planning Commission does hereby determine to table Petition 92-2-8-2 by Kamp-DiComo Associates, P.C. requesting approval of all plans required by Section 8.02 of Zoning Ordinance #543 in connection with a proposal to construct a new two-story apartment building on the east side of Brookfield just south of Five Mile in Section 22, to March 3, 1992. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. 11943 On a motion duly made, seconded and unanimously adopted, the 638th Regular Meeting and Public Hearings held on February 25, 1992 was adjourned at 10:20 p.m. Now CITY PLANNING COMMISSION Brenda Lee Fandrei, Secretary ATTEST: " (/�Lit. t `L t. 01, Jack EngebrJetson, Chairman jg ern