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HomeMy WebLinkAboutPLANNING MINUTES 1992-01-21 11867 MINUTES OF THE 636th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 21, 1992, the City Planning Commission of the City of Livonia held its 636th 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 18 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 and H. G. Shane, Assistant Planning Director 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 have been furnished by the staff with approving and denying resolutions. The +iime„ Commission may use them or not use them depending upon the outcome of the hearing tonight. Mrs. Fandrei, Secretary, announced the first item on the agenda is Petition 91-12-1-22 by the City Planning Commission, pursuant to Council Resolution ##802-91, proposing to rezone property located on the southeast corner of Newburgh and Five Mile Roads in the Northwest 1/4 of Section 20 from C-2 to RUF. Mr. Shane 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 this rezoning proposal. Mr. Engebretson: Mr. Nagy, so the audience knows what is going on here, would you give us a brief synopsis of the background of this situation? Mr. Nagy: The commercial zoning that is the subject of this rezoning petition at the intersection of Newburgh and Five Mile Road was placed there initially to accomodate a gasoline service station that was constructed on the property. The service station is obviously no longer there. It was demolished in the year 1984 and the 11868 commercial zoning has remained on that property over all these years. So the Planning Commission, as a result of some other development that occurred in that area, examined this area for the possibility of removing what is determined to be surplus commercial zoning on this property and restoring it all to an RUF uniform zoning classification for the area. Mr. Engebretson: Thank you Mr. Nagy, Since the Planning Commission is the petitioner, we will go immediately to the audience to see if there is anyone who wishes to speak for or against this petition. Mr. Morrow: Just for the record, I would like to question the staff whether the tanks have been removed from the prior service station giving up the waiver that they received when they went into C-2? Mr. Nagy: Yes. The tanks and all other matters relating to the former use have been entirely removed from the property. Mr. Engebretson: Seeing no one wishing to speak to this item, we will close the public hearing. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-1-22 closed. On a motion duly made by Mr. Kluver, seconded by Mrs. Fandrei and unanimously approved, it was ##1-195-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-12-1-22 by the City Planning Commission, pursuant to Council Resolution #802-91, proposing to rezone property located on the southeast corner of Newburgh and Five Mile Roads in the Northwest 1/4 of Section 20 from C-2 to RUF, the City Planning ,. Commission does hereby recommend to the City Council that Petition 91-12-1-22 be approved for the following reasons: 1) That the proposed change of zoning will provide a zoning classification for the subject property which is consistent with the adjacent property. 2) That the proposed change of zoning is compatible to and in harmony with the surrounding zoning in the area. 3) That the existing C-2 zoning classification is no longer needed to provide a commercial use on the property. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. 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 91-12-1-23 by the City Planning Commission, pursuant to Council Resolution #803-91, proposing to rezone property located on the 11869 northeast corner of Five Mile and Newburgh Roads in the Southwest 1/4 of Section 17 from C-2 to C-1. Mr. Shane 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 this rezoning proposal. Mr. Engebretson: Mr. Nagy, again, will you give us a brief synopsis of what is happening here? Mr. Nagy: When this intersection was examined, as we alluded to earlier, in looking at the zoning of that area, it became apparent that the C-2 zoning on the subject property really served no practical purpose since the C-2 entirely covers the off-street parking area of the shopping center while the building in which the uses themselves occur is within a C-1 zone, so in order to make one uniform zoning classification for the area, it was determined that the C-2 zoning was surplus so, therefore, the Planning Commission initiated this hearing to hear comments from both the property owner and area residents as to whether or not this proposed rezoning should or should not occur. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-1-23 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Morrow and unanimously approved, it was #1-196-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-12-1-23 by the City Planning Commission, pursuant to Council Resolution #803-91, proposing to rezone property located on the northeast corner of Five Mile and Newburgh Roads in the Southwest 1/4 of Section 17 from C-2 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-1-23 be approved for the following reasons: 1) That the proposed change of zoning will provide a zoning district consistent with the zoning on the balance of the subject shopping center. 2) That the existing C-2 zoning district is not needed for the subject land area to function as an off-street parking lot. 3) That the proposed change of zoning is compatible to and in harmony with the surrounding zoning in 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. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. 11870 Mrs. Fandrei, Secretary, announced the next item on the agenda is Petition 91-12-2-32 by RM&M Tubbys requesting waiver use approval to operate a limited service restaurant on property located on the north side of Plymouth Road between Wayne Road and Stark Road in the Southwest 1/4 of Section 28. ‘4116__ Mr. Shane 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 this waiver use proposal. We have also received a letter from the Fire Marshal's office stating they have no objection to this proposal. Also in our file is a letter from the Traffic Bureau stating this is located in an established center and the concerns of the Police Department have been met on previous petitions. Lastly, we have received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found. Mr. Gniewek: Again, John, how many seats would they be allowed under a limited service restaurant? Mr. Nagy: They would be allowed up to 30 seats. Mr. Gniewek: Are there any other classifications that could be considered in keeping with the request of the petitioner as far as the number of seats he is requesting? The petitioner is only asking for six seats. Obviously the building is a little small. Is there another classification available? Mr. Nagy: With a maximum limitation of 12, it would qualify as a carry-out restaurant. `r. Manuel Agabashian, 35034 Munger: I am a franchisee of the Tubby Restaurant in question. I live in Livonia. Mr. Engebretson: What is it that causes you to make this request? Mr. Agabashian: I need the money. We all want to do more business. About five years ago I went through this and I was rejected so we designed the restaurant a little differently. There is still plenty of room to put in three tables. People like to come in the restaurant and not eat in their car. They are in and out of there in minutes. That is why I am here. Mr. LaPine: How long have you been at that location? Mr. Agabashian: Almost five years. Mr. LaPine: You did make this request one time before? Mr. Agabashian: In 1987. Mr. LaPine: How many seats did you ask for at that time? Mr. Agabashian: I don't remember. 11871 Mr. LaPine: I was out there Saturday. As you go in the front door, I assume the tables are going on the east wall. There isn't a lot of room. How many chairs would you have? Mr. Agabashian: There is that guard rail that would come down. As they enter and exit without the guard rail, there is more room. Once you Nor. eliminate the guard rail, there is plenty of room for the little space we need. Mr. LaPine: Would it just be at certain time periods when the seats would be used? Mr. Agabashian: Sure. Generally our business is between 11:30 and 1:00 and then there is quite a lull until 5:00. Most of my business is done during lunch hour. Mr. LaPine: The maximum amount of business is carry-out? Mr. Agabashian: Definitely. What I anticipate and what I am doing, it probably wouldn't represent 5%. Cheryl Groves: I am President of Alden Village Subdivision, which is behind this. We were here in 1987 for the same reason. We choose to deny this. I discussed it with a person from West Metro Printing. He has no parking for his own vehicles. He has a problem with Budget parking there on a regular basis and was told he would have to tow them away at his expense. They also have notes on their doors that tells Budget customers they can't park their cars overnight so they park them at his facility. There is going to be more traffic. I appreciate he wants to make more money. This area is a high traffic area. We don't want kids loitering in there and we prefer not to have people going in there and hanging around. That is why 'NIlaw they don't plow it properly. There are so many vehicles they can't get the trucks to do the job. The gentleman from West Metro said he would choose this not be there and if they don't park there, they park in the sub. I don't want any more additional traffic. I appreciate he wants to make more money but I don't think this is good for us or this area and I would be in favor of denying it. Mr. Morrow: I want to make sure I am following the young lady. Most of the problem is because of Budget Rent-A-Car? Ms. Groves: Yes. Also their employees park there because it is easier to get their vehicles out of that parking lot. Mr. Morrow: Certainly Budget has been a nuisance to the City. However, I hate to think of holding this gentleman up because of the difficulties we have with Budget. Ms. Groves: I understand, but it is a parking problem. Mr. Morrow: I can certainly appreciate the fact there is one. Our ordinance does not take into account another commercial facility using another commercial's facility. I think you have an ordinance enforcement problem there. Again, as one Commissioner, I don't 11872 think this gentlemen is getting something that is going to cause a problem if we can clean up the other. Mr. Tent: Mr. Nagy, this has been a problem in this general area. We have had more than our share of problems with Budget. Is there anything we can do from an ordinance standpoint to straighten out that mess? ;`. I agree with Mr. Morrow, why should we penalize this gentleman? It is not his problem. Someone else is creating it. I think it is up to us to do something to resolve that problem. I am in complete sympathy with you because I know we have had a horrendous amount of problems with them. Mr. Nagy: We do have an Ordinance Enforcement Division that is charged with the responsibility of enforcing the ordinance and I will certainly write them a letter and call it to their attention and ask them to police the area and bring them into compliance. Mr. Morrow: I would like to have someone talk to the people at Budget to see if they are instructing their employees or allowing them to park on another commercial site that needs the parking for their own use. Ms. Groves: The employees are not told to park there, they are just parking there because there is no place to park. Mr. Engebretson: We are getting off the subject. However, it is clear the Budget facility is overused significantly beyond what the original plan was and they are going to be problematical for this entire neighborhood so I think we should look at what is approved and how it is being operated. Mr. Agabashian: Going west there are two existing lots for future sites for two more buildings and they have already been approved and taking into `'`► consideration for future parking, there is plenty of parking going west. Mrs. Fandrei: Sir, you said you were going to put in three tables? Mr. Agabashian: Six chairs, three tables. Mrs. Fandrei: It doesn't sound like an awful lot. Would your parking accomodate that? Mr. Agabashian: Many times. People who walk in for carry-out will not be there for more than five minutes. Mrs. Fandrei: How long would you anticipate that the tables would be used? Mr. Agabashian: From what I talked to other Tubby owners, it is very nominal and they said ten minutes would be a long time. Generally it is office people or business people. They don't spend that much time. Mrs. Fandrei: You are looking at five minutes to be served and ten minutes to eat. Mr. Agabashian: Five minutes would be a long time. 11873 Mr. Gniewek: You indicated there was another classification. I think we would probably be further ahead looking at that petition going to a carry-out restaurant, which would allow a maximum of 12 seats. However, since the petitioner is only asking for six seats, we would limit the number of seats under the carry-out restaurant classification to six. Mr. Engebretson: Mr. Nagy, is there any legal implications of viewing it under that provision rather than the context the petitioner presented. Mr. Nagy: No. They asked for a more liberal use under a limited service restaurant, which would allow up to 30 seats. Since this is more restrictive to a maximum of 12 seats and the petition only asks for 6, the condition would not be inconsistent with our ordinance. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-2-32 closed. On a motion duly made by Mr. Gniewek, seconded by Mr. Morrow and unanimously approved, it was #1-197-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-12-2-32 by RM&M Tubbys requesting waiver use approval to operate a limited service restaurant on property located on the north side of Plymouth Road between Wayne Road and Stark Road in the Southwest 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-2-32 be approved subject to the following condition: 1) That the subject use shall be operated as a Carry-out Restaurant only with the maximum number of customer seats limited to 6. N4"" for the following reasons: 1) That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Section 10.03 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. 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 91-12-2-33 by Tubby's Sub Shop requesting waiver use approval to operate a limited service restaurant within the Terrence Corners Shopping Center located on the east side of Middlebelt Road between Terrence Avenue and Six Mile Road in the Northwest 1/4 of Section 13. 11874 Mr. Shane 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 this waiver use proposal. We have also received a letter from the Fire Marshal's office stating their office has no objection to this proposal. Also in our file is a letter from the Traffic Bureau stating this is located in an established center and the concerns of the police department have been met on previous petitions. Lastly, we have received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found therefore they have no objections to this proposal. Mr. Engebretson: Would the petitioner please come down to the podium and tell us why he is requesting this waiver use approval? Fred Inda: I have owned this store for about 2 1/2 years. Mr. LaPine: At your location the layout is a little different. Your counter faces west as you enter in through the front door. Where are your seats going to be? Mr. Inda: Along the window. I am asking for 12 seats but I could bring it down to six. Mr. LaPine: The square footage is approximately the same as the other building. I don't see how you can squeeze six tables in there. I can understand what you need it for but I don't think you can get that many tables in there. ‘%11. them Inda: I was hoping they would but if they wouldn't fit, I wouldn't put them in. We can always put two tables together to seat four people. Mr. Morrow: Is the petitioner saying he wants to amend his request for a lesser number of seats? Mr. Inda: I would agree to whatever you see fit. Mr. Morrow: I would like to give you what you require. If you could do eight, I would like to give you eight. Mr. Inda: Why don't we consider eight and if they don't fit, I will go with the six. Mr. Morrow: I want to give you what you want without hurting your intent. Mr. Inda: If we can revise it and ask for eight or less. Mr. Morrow: I have no problem with that as long as you are happy. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-2-33 closed. 11875 On a motion duly made by Mr. McCann, seconded by Mr. Tent and unanimously approved, it was #1-198-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-12-2-33 by Tubby's Sub Shop requesting waiver use approval to operate a limited service restaurant within the Terrence Corners Shopping Center located on the east side of Middlebelt Road between Terrence Avenue and Six Mile Road in the Northwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-2-33 be approved subject to the following condition: 1) That the subject use shall be operated as a Carry-out Restaurant only which limits the number of customer seats to 8. for the reasons that: 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 10.03 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. 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 91-12-2-34 by Nathan Levine & Assoc. requesting waiver use approval to operate a Goodyear Tire, Mr. Muffler and Precision Tune stores to be located in the Northridge Commons Shopping Center located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4. Mr. Shane 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 this waiver use proposal. We have also received a letter from the Fire Marshal's office stating they have no objection to this proposal. Also in our file is a letter from the Traffic Bureau stating this is located in an established center so the concerns of the Police Department have been met on previous petitions. Lastly, we have received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found therefore they have no objections to this proposal. However, they will need a detailed sign proposal for final evaluation. Mr. Engebretson: Would the petitioner please come down to the podium and tell us what you have in mind? 11876 Nathan Levine, Nathan Levine & Associates, Architects: We are the architects that did the Northridge Commons Shopping Center. The very first addition phases. As you are probably all aware the third building that is remaining there has been partially under construction and through the previous months, as we all are aware, there has been periods of attempting to lease the building and at this time our client has brought forth tenants for additional leases that would like to occupy the space by providing a Goodyear Store, Mr. Muffler and Precision Tune. The architecture that is contemplated for the building is nothing more than to continue on with the existing material usage and once the project is finished, it will be a homogeneous appearing type of development. We have provided all of you with the elevations as far as the physical image of the third section of the building. Here with me this evening is Mr. Ross, owner of the Northridge Commons Shopping Center and other representatives of his company. He would be happy to answer any questions relative to use of the building. It is our opinion that the physical characteristic of the building would not be injurious as far as relationship to other retail establishments that are there and we have made a concerted effort to make sure it is a homogeneous appearing type of development when it is finished. If there are any questions, I will be more than happy to answer them. Mr. Gniewek: Will the entire section where it is under construction now be the auto facility or will there be other stores adjacent to the auto facility completed at the same time? Mr. Levine: It will all be completed at the same time. There will be additional stores. Mr. Gniewek: You are not going to just construct the auto section and leave the rest of the area undeveloped? You are going to complete the whole `'r section? Mr. Levine: Correct. Mr. LaPine: When the Northridge Commons Shopping Center first came before the Planning Commission it was indicated to us this was going to be a high class shopping center. It was indicated it was going to be brick, which it is. You came along to build the addition on the east when you still had 50% of the Northridge Shopping Center empty. It is still empty. That thing has been up there as a ghost town for at least six months. It blew over one time. Why the City hasn't made the developer finish the building, I don't understand why. This is a shopping center not a service center. What you are asking for to go in there now is not compatible to a shopping center as I know a shopping center in Livonia. There may be areas in the Metropolitan Detroit area where we have this type of situation but we do not have them in Livonia. We do have them in a big shopping center like Livonia Mall but not in a neighborhood local shopping center. My question is, assuming we approve this, would the rest of that building be continually built on as a service center? Would we end up with an oil change, car wash, an undercoating shop, etc.? Can you answer that question? 11877 Mr. Levine: To answer the first part, in my opinion in understanding marketing and merchandising of mercantile areas, I think we are seeing a definitive change in what you now see taking place in shopping center environments. I myself look upon this, as long as the architecture is compatible, I find nothing wrong with going into a store to have a tire changed while I am going to the supermarket to buy a can of soup. I think we are seeing those things happening today. This is by no means a service shop. They are really stores and they are going in to have something done and you pick up your car no different than you take your cart out of the supermarket. It is a convenience today. There was a day when we had a traditional gas station. There is no such thing anymore and when you see these type of groupings and the way they are presenting themselves as to the physical appearance, the actual infrastructure of the stores themselves, they are definitely a store and as far as the rest of the space, Mr. Ross has been working with other tenants and as far as what we are hearing to date, there are a myriad of other tenants and I can't project any other automotive type of tenants. Definitely there are three tenants that are willing to go in there and take 50% of that entire space. I think the most important thing is they are compatible and most important is the fact that the building will get completed. Mr. Gniewek: Mr. Levine, this being a different type of facility than what presently exists in that particular shopping center, the entire store, the muffler store and Precision Tune, those types of businesses generate trash and debris considerably different than what is developed by a supermarket, etc. We are talking about used tires. We are talking about old mufflers and those type of things. How will you contain them? What will you do as far as maintaining a clean look to this high class center? Mr. Levine: For example, Goodyear, they definitely have a specifically detailed type of trash container and above all, management has to make positive statements relative to the maintenance of any sort of trash removal. If you have seen any of these operations, there are a number of them all over the community, they are very nice looking. They are attempting to fit within the confines of the neighborhood type of environment because basically what we are looking at here is really the replacement of what we once had as a normal gas station on the corner, but they are really being done in a manner where you are not going to be seeing cars around, you are not seeing tires around. We keep thinking in the past of an old fashioned gas station with everything hanging out there. This is not the intent. Mr. Gniewek: Are you telling me all that debris will be contained inside the building. Mr. Levine: It will be internal and anything to be picked up actually has walls around it. They are doing a very good job on it. Mr. Tent: Mr. Levine, I agree with what my associate, Mr. LaPine, had to say about this location for this type of operation. You being an 11878 architect, this was promised to be a pretty facility. In other words, it was to be a neighborhood oriented mall. As an architect, what would you do to beautify the type of muffler stores that are seen in the big industrial areas? You have the overhead doors and it looks industrial. What can you do to make it more compatible to the neighborhood. How can you camouflage those big overhead doors and the facade looking into the nicer neighborhoods? \r• Mr. Levine: Have you seen the elevation? Mr. Tent: I have seen the Goodyear Stores and they have great big signs. Mr. Levine: First of all, the sign criteria will be following the criteria of the shopping center. Secondly, the overhead doors are the special type of doors that have glass in them, which would depict nothing more than a type of a show window, as if it were a typical store. Mr. Tent: Can that be done in a different manner? Mr. Levine: The door height, the facade height and the building is not changing physically as far as the type of canopy treatment. The type of materials and the detailing of the piers are identical to what is already built. Mr. Tent: What do we see from Eight Mile Road? Mr. Levine: From Eight Mile Road you are seeing a series of doors and a series of brick piers but the doors are all of a specific uniform height and they are all done in windowpanes like a typical store. They are not your typical corrugated steel overhead industrial door. Mrs. Fandrei: Mr. Levine, do you have a plan for signage? Mr. Levine: No we don't. Mrs. Fandrei: That would be something you would bring back to us for approval? Mr. Levine: Yes. Mrs. Fandrei: Within the next two weeks? Mr. Levine: Without question. Mrs. Fandrei: What percentage is landscaping? Mr. Shane: It would be within the 15% range. Mr. Morrow: Just some comments that I wanted to make. Site plans and landscape are a integral part of any waiver request, but just a comment to Mr. Levine. I can certainly appreciate the fact that your client has a tenant that he wants to bring on board into the center and I am sure you will do as harmonious a job as you can given the fact that you are introducing some rather large bay doors and some different types of display and I guess as a businessman I can appreciate where you are coming from, but what we are seeing is 11879 as we sit here on the Planning Commission, and you can probably contribute that to the economic times, what we are seeing across the board in the City is the people that have the office type use are coming to us and they want to upgrade to C-1. The C-1 are asking for C-2 because they want that flexibility and the ones with C-2 want a waiver to further intensify it. As a businessman I can appreciate it but as a Planning Commissioner I have to ask from a New planning standpoint is that the type of use we want to introduce into that shopping center? I think it is well known that particular shopping center was part of a Consent Judgment. The City was not exactly sure they wanted commercial in that area. That is history. We have it there now and it is a good job. We will certainly be delighted when it up and is thriving. What I have to resolve as a Planning Commissioner tonight initially is, do we want to introduce further intensification and uses, such as auto services?. We have seen a couple of projects in the City that start out with a bang. Now they have their vacancies. One has never really come on stream. Now we are introducing another one. When I vote tonight, it will not be so much the landscaping or the architecture, because I am sure that will be fine. It will be, do I want to introduce that use in that particular center in this particular section of the City? Mr. Gniewek: Mr. Shane, the landscaping that is indicated at the north end of the building, that is behind an office building that presently exists? Is that correct? Mr. Shane: It is the bank. Mr. Gniewek: That is presently existing so the doors that face towards Eight Mile Road will be basically shielded as far as being visible from Eight Mile Road because of the bank and the landscaping that is there? Mr. Shane: I would say it would be partially shielded. The bank would go a long way in shielding it. Mr. Gniewek: How far from Eight Mile Road is the area where the bay doors are? Mr. Shane: About 260 feet. Mr. Kluver: Mr. Levine, presently in the current facility, what is the approximate percentage of vacant units? Mr. Levine: I think Mr. Ross can answer that more accurately than I can. Mr. Ross: Currently in the existing shopping center we are running 82% occupancy. That doesn't include the Phase II building. Mr. Kluver: You replaced ACO? Mr. Ross: ACO was replaced with Trading Times. Mr. Kluver: The point I want to get to is, alluding to some of the comments Mr. Morrow made, is that the Consent Agreement that went through here back in 1979, which we have to live with. Again, that was 11880 something with no impact on this particular shopping center. When this shopping center was first presented to us it had the presentation of a high-grade type of shopping center. I look upon this facility as something, obviously as a businessman you have to k fill this center up, although these facilities have not been very successful. I guess what bears in my mind is something of a judicial decision in 1979. Something ten years ago doesn't always 'fir fall in line with what we have to do today in the current economic times. I do have some difficulty with this type of development being there. I think the greater problem that exists is that potentially that decision was made some ten or twelve years and the judicial decision doesn't always apply to the planning needs or the economic needs that we currently face. Mr. Ross: We do not intend to make an auto mall. We have three tenants and three signed leases subject to your approval. There may be another use but we have no intention of making it a complete auto mall. We are currently negotiating with a retail tenant to take the balance of the building. Mr. Kluver: It gives us the impression with tires, mufflers and tune ups, it leads towards an auto mall. Mr. Ross: If you gave me some time, if it was necessary, I could find you other examples in the industry today. Mr. Engebretson: Mr. Nagy, when was the site plan approved for that building? Mr. Shane: 1989. Mr. Engebretson: I would like to ask Mr. Ross, what did you have in mind when you came seeking approval to construct that building? It is my recollection that there was a fair amount of intensity and sense of urgency to get that approved and it was approved and you started construction and you have left a really ugly scene out there. Not only just a bunch of naked steel, a few bricks here and there, some of which have blown down and were left in a pile. I was just wondering what did you have in mind when you came in and what in the world happened? Mr. Ross: I don't know if you people are aware of the fact that myself and Mr. Nelson are no longer partners. Over the last two years we have gone through a separation and have gone our separate ways at which time we split up six properties, this being one of them. During the course of our negotiations to split up the partnership, nobody knew who was going to get what. There was serious litigation and lots of attorney fees and lots of arguments and this property was neglected. I have taken it over. Since the time I have taken it over I have worked with Mr. Nagy, I have worked with your building department, I have cleaned up the property and I have tried to lease it. I think we run a nice clean shopping center there. I can't make any other excuses. Mr. Engebretson: We are a victim of your falling out with your partner. I am somewhat curious about what your thoughts are relative to the type 11881 of operations that you are proposing to put in there with the relative significant number of work stations, where there would be air driven tools like wrenches, hammers, etc. Would it be you intention to require these tenants to operate with those doors closed? Mr. Ross: I would think so in most cases. Mr. Engebretson: What does that mean? Mr. Ross: When it is 120 degrees and the air conditioning isn't working, I am sure they are going to open up the doors. Mr. Engebretson: Everyone says that and then when they take occupancy, even though this isn't immediately adjacent to residential area, the work goes on in the summertime with the doors open, it goes on outside the building and then, of course, there is the tendency of the people who are performing that work to take their radios with them. This becomes a real nuisance and I think the particular location that you are in, makes those things a valid consideration. Mr. Ross: I agree with you. I would have to put something in our lease. I know from the other operations that Goodyear runs that this is not the case. They are a first class operation. We would not allow that in our shopping center. Mr. Engebretson: I don't think any of us have any particular concerns or knowledge that any of these people are not responsible corporate citizens but the fact remains that it still comes down to the individual management teams and individual workers and it just seems it doesn't work out too well sometimes. If you are in an industrial area, it doesn't really matter. I know there can't be assurances Nowbut I wondered if you had given any thought to that? Mr. Gniewek: Mr. Levine, the architecture in this building will be developed, should it be approved, as an auto repair facility. Should the auto repair facility or auto mall not be successful, is your architectural development adaptable to go back to retail space? Mr. Levine: Yes. If you study the elevation, you will see where the openings that occur, the door can be removed to automatically put it back to what a typical store front would be. Mr. Gniewek: So that all has been taken into consideration should this particular facility not work out? Mr. Levine: Yes. Mr. LaPine: Mr. Levine, assuming you are not successful tonight, would you go ahead and finish constructing the building? Mr. Levine: I am the architect. I would certainly wait for tenants. Mr. Ross: We would wait. 11882 Mr. LaPine: Mr. Nagy, how long does the City allow a building to stay half built before we can do anything about it? Mr. Nagy: The initial building permit is pulled for six months. It can be extended for six months at the discretion of the chief building official, so roughly a year. tioly Mr. LaPine: It has been more than a year now. Mr. Nagy: It is up to the chief building official to make that determination. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-2-34 closed. On a motion duly made by Mr. Tent and seconded by Mr. LaPine, it was #1-199-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-12-2-34 by Nathan Levine & Assoc. requesting waiver use approval to operate a Goodyear Tire, Mr. Muffler and Precision Tune stores to be located in the Northridge Commons Shopping Center located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-2-34 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed uses are in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543. 2) That the proposed uses are highway type services which are not compatible to the balance of the uses in the Northridge Commons Shopping Center. 3) That the proposed uses do not represent the type of uses normally found in a shopping center of this type and size. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance 41543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Kluver, LaPine, Morrow, Vyhnalek, Fandrei, Engebretson NAYS: Gniewek 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 91-12-2-35 by Mark Wibel requesting waiver use approval to operate a full service restaurant in an existing shopping center located on the south side of Five Mile Road between Middlebelt and Beatrice in the Northeast 1/4 of Section 23. 11883 Mr. Shane 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 this waiver use proposal. We have also received a letter from the Fire Marshal's office stating their office has no objection to this proposal. Also in our file 'gar is a letter from the Traffic Bureau stating this is located within an established center and therefore the concerns of the police department have been met on previous petitions. Lastly, we have received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found, however they do have some concerns about the parking load. The fact that there is another restaurant located in the center and that 79 of the parking spaces are located at the rear of the building, are not well marked and generally not used, will only serve to compound the problem. Mr. Engebretson: Would the petitioner please come forward, state your name and address and tell us what you have in mind? Mark Wibel, Louisville, Kentucky: I was originally born and raised in the Detroit area and I am responsible for bringing the Outback Steakhouse Restaurants to the Detroit area. We have chosen Livonia to be one of our first locations. To give you background on the restaurant. This is a full service restaurant that serves American food ranging from steaks to chicken dishes and also pasta. The price range is from $7.95 to $14.95. We have alcoholic beverages accompanying the dishes. We have an extensive wine list, which features Australian wines, etc. Our theme in the restaurant is an Australian theme that is compatible with the food to give it a little fun atmosphere. To give you some background on the company itself, they originated in Tampa, Florida in 1988. They opened their first store there by a couple of gentlemen who had Steak & Ale and No. Bennigans background. They built about six or eight more in 1989. They started building more every year and we currently have 52 restaurants in Florida, Washington D.C. , Texas, Indiana and Kentucky. We are moving into the newer markets of Philadelphia, New Jersey, Detroit, St. Louis, etc. We have looked at a lot of areas in Detroit. We really like the Livonia setup and the family atmosphere. The philosphy of the restaurant is not necessarily to locate around office buildings and around industrial centers as we are not open for lunch. We spend most of our time during the day preparing the food from scratch, which is served at the time we open, which is 4:00 p.m. A lot of the parking problems Mr. Nagy brought up will not be involved at lunch time because all that will be there are four cars for the employees that work in the kitchen. We open at 4:00 p.m. and we do the best job we can on the dinner because we have been preparing it all day. Out of 51 restaurants, they are open for dinner only. We are looking at other communities. We are going to open six to eight restaurants for the Detroit area. We want to become media efficient. We will eventually get on the radio once we get three or four open and we try to stay involved with the community, etc. I have some material if you are interested in looking at it. I am more than willing to answer any questions. I realize that was a short synopsis but I can get into more detail if you like. 11884 Mrs. Fandrei: Mr. Wibel, if you were to get your approval, approximately what would you anticipate as far as your opening time? Mr. Wibel: We will open approximately the beginning of May. The home office in Tampa has some in-house architects and engineers that have done some of the front work as far as the floor plans. I want you to know, one reason the founders started this company is because there is a void in the steak house business between Ponderosa and Bonanza at one end and Carl's Chop House on the other end. You can get a $19.95 New York Strip at Carl's or you can go to Bonanza for $7.95 or $6.95 and we are filling that void in the middle. To give you a feeling of what it is like to be inside of one of our restaurants, the feeling you get, although I am hesitant to say it because I feel ours is very unique and different, the Cookers up at Seven Mile and 275, they have some wooden booths in there with the really nice woodwork. It is that type of feel. You can feel comfortable in your shorts in the summertime or you can come right from work with your suit coats and ties on. There are pictures on the backs of the brochures that are examples of some strip center locations we have done in Florida and some of the treatments are very similar to what we have in mind here. Mrs. Fandrei: Have you laid out your plans for your sign yet? Mr. Wibel: The sign that you see on the brochure is what we are going to be using and it will be on the Middlebelt side and also on the Five Mile Road side, which is where the current tenant currently has signs now. Mrs. Fandrei: Do you have your signage with you? Mr. Wibel: I have a rendering here. Mr. Engebretson: Is the signage part of this petition John? Mr. Nagy: It is illustrated. Mrs. Fandrei: We have to see the specifics of signage. Colors, everything. We definitely need to see that. Are the colors going to be compatible or are you going to have something to make this stand out from what is there right now? Mr. Wibel: We are going to have some wood treatments on the outside. We will have smaller windows and have oak treatments trimming the windows. Mrs. Fandrei: You don't have any neon signs or tubing going around there, do you? Mr. Wibel: This sign is neon. (He pointed it out) Mrs. Fandrei: Well we do need to see that. Mr. LaPine: If you are successful in going in here and if you are as successful as Cookers has been, then you will be an asset to this town. I have a question. The shoe store is still there. Are they moving out? 11885 Mr. Wibel: If I am successful tonight, I believe I can work it out where they will either move out or move behind. I think more than likely they will move out. Mr. LaPine: The east side of the building facing Middlebelt, will that change. Will you close that in? Now Mr. Wibel: That will be closed in as it shows here. Mr. LaPine: You say you open at 4:00 p.m. How long will you stay open? Mr. Wibel: We are open for dinner until 10:30 p.m. and we usually close the lounge at 1:00 a.m. Mr. LaPine: At any of your locations do you have a luncheon trade? Mr. Wibel: One. Mr. LaPine: You don't anticipate that unless your patrons request it? Mr. Wibel: We keep that option open in our leases with the landlords. It is just common sense as things change. We have ten-year leases sometimes but out of 52 restaurants, there is only one open for lunch. I don't anticipate a change here. Mr. LaPine: I would have to assume you have taken some surveys to find out if you can be successful at this location. As you probably know, Livonia has so many restaurants, it is unbelievable. I don't know how many we have in this town. Some have been very successful and some have not, so I would assume that you took some surveys to feel that this location can be a successful location? Mr. Wibel: I have done some research on my own. I didn't hire a company to come in and give me a $20,000 report but I have been working this area extensively since the beginning of October. My background is restaurant real estate and also operations so I knew this area would be very successful. Mr. LaPine: What is your position? Mr. Wibel: I am going to be the operating partner and I will have an equity position in every restaurant that I open in the Detroit metropolitan area. Mr. LaPine: You said you live in Kentucky. When these restaurants open in the Detroit area, are you moving into the metropolitan area to keep an eye on these restaurants? Mr. Wibel: Yes. My house has been on the market down there, too long as a matter of fact. As soon as this sells, we have already identified Livonia and some other areas that we are going to look into and move up here. Mr. Tent: Mr. Wibel, can you tell me how you are going to handle your trash disposal? 11886 Mr. Wibel: It is going to be pick ups. There is one disposal that does cardboard recycling for all of the boxes. Mr. Tent: I am talking about your garbage. Have you given any thought to internal disposals? Mr. Wibel: I am not familiar with what you mean. Mr. Tent: A trash compactor inside. Mr. Wibel: We haven't done that in 50 restaurants. Mr. Tent: That has come up in the past. They prefer that rather than have the garbage in the dumpsters outside. That isn't kept up too well. Mr. Wibel: I appreciate that but what I was about to say is we try to have as frequent pickups as possible. One of the reasons why the garbage gets so overloaded at some of the other restaurants maybe is not because the garbage itself, it is because of the boxes that supplies come in. That is why you have another dumpster that all you do is break down the boxes. You flatten them down and they are all recycled at a disposal place and that limits the amount of garbage that goes into the larger dumpster. You actually have two pickups. One for boxes and one for the garbage. Mr. Tent: I missed this on the drawing. Where do you show the garbage pickup? Mr. Wibel pointed out where the dumpsters would be. Mr. Tent: These are some of the things, along with what Brenda pointed out, that we need more information on. `r. Mr. Engebretson: Mr. Nagy, going back to Mr. MacDonald's letter relative to the concern about the possible deficiency in parking. Based on what you heard, more particularly the hours of operation, taking into consideration the other businesses located within that center, would it be your opinion that those concerns may be lessened? Mr. Nagy: Very definitely. Mr. MacDonald obviously wasn't aware of the hours of operation. Moreover, the group commercial requirements of 1/125 build in that factor more than just a typical retail center would provide. Theoretically, it is offset with the less intensive uses like a traditional hardware store like ACO where it would only be 1/500 and that is offset by a more intensive use for restaurants. All of that is factored into the group commercial requirements. We would be satisfied there would not be the parking problems as was alluded to in Mr. MacDonald's report. Mr. Engebretson: We certainly respect his opinion and we rarely let any of those opinions go unnoticed but in this case it seems that it really doesn't result in a problem. Mr. Tent: From what we see here and what we have, I am in favor, I like the concept, I like what you are doing here but really we have nothing 11887 here to make it work. In other words, we don't have any drawings. We don't have anything that is complete. If we were to take action tonight to approve this, we are not approving anything really because we have nothing on paper. We don't have anything in our resolutions. How can we be sure we are getting what we are voting for? Mr. Engebretson: I think Mr. Nagy has pointed out that we do have most of the material but there may indeed be some need to be more specific. Mr. Nagy: The language can be put in your resolution. The drawings came in today so we didn't have the actual dates to put in your resolutions for tonight. We will just add those words to your resolution. Mr. Engebretson: Mr. Wibel, I think Mr. Tent has raised a point that is valid. I was just wondering what kind of hardship would it put you in if this issue were delayed for a couple of weeks? We are still going to go to the audience and there is more to come here yet but as we have spoken here tonight we have discovered there are a number of items that are deficient, for example the signage, the location of the dumpsters, how they would be screened. These are items that are normally not acted upon until all of those issues are documented. What is your time frame? Mr. Wibel: We are under a time frame. I realize that your recommendation goes to the City Council. I am going to be on the City Council agenda for February 12th but I can do them. As long as those are the two issues we are talking about, unless there were more questions or other issues, I can have the signage and the dumpster location by Friday. Mr. Engebretson: The problem is you should have had them here some time ago. I, '*ier for one, prefer that it would be tabled so we could air all those things out. I want you to know that basically what I have heard to this point, I tend to be in favor of what you intend to do but I want to make sure that it is done right. Mr. Vyhnalek: You are going to be before Council when? Mr. Nagy: I gave him the Council schedule and told him if everything went well tonight he would be on the meeting of February 12th. Mr. Vyhnalek: If we delayed it for two weeks and we waived the seven days, it would be about on the same schedule. Mr. Wibel: Okay. Elaine Kraffa: I was a resident of Florida and had the pleasure of dining at that particular restaurant. The food is very good and the restaurants are very beautiful and they are in mini-malls. They are very clean and well kept up and they all open from 4:00 p.m. I just found them a very pleasurable restaurant. Mr. Gniewek: John, if we would approve this tonight, it would still have to go before Council for final approval? 11888 Mr. Nagy: Exactly. Mr. Morrow: Mr. LaPine alluded to the fact there are a great many restaurants in the City of Livonia and I certainly agree with that; however, a lot of them are in the fast food variety. One of the things we do Noir lack in Livonia are sit-down family type restaurants and this would fill a void and certainly not overburden the area. I think I can favor the petition. Mrs. Fandrei: I think it is particularly pleasing to have that type of a restaurant at this end of town. It isn't well served and I am in favor of it at this point. Mr. Engebretson: Your comparison to Cookers strikes me as being very interesting because your package is very extensive. They did the same thing. The whole program sounds like it has been very well thought out as was the Cookers program. They are imminently successful. You can't get near that restaurant at lunch or dinner time unless you are a very patient person. I think this is something that should be approved. The lady that took the time to come down here and wait two hours to make her comments must feel very strongly about it. I want to do it right for your sake and for the City's sake. I just want you to know that even though I favor tabling, I am very favorably inclined towards approving what you are trying to do. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-2-35 closed. On a motion duly made by Mr. Gniewek, seconded by Mrs. Fandrei and unanimously approved, it was #1-200-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-12-2-35 by Mark Wibel requesting waiver use approval to operate a full service restaurant in an existing shopping center located on the south side of Five Mile Road between Middlebelt and Beatrice in the Northeast 1/4 of Section 23, the City Planning Commission does hereby determine to table Petition 91-12-2-35 until the study meeting of February 4, 1992. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance ##543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Petition 91-12-2-36 by Mark Wibel requesting waiver use approval to utilize a Class C liquor license in connection with a proposed restaurant to be located on the south side of Five Mile Road between Middlebelt and Beatrice in the Northeast 1/4 of Section 23. 11889 Mr. Nagy: We have received the same reports as on the previous petition. Mr. Gniewek: It should be noted that before approval there would have to be a waiving of the 1000 foot separation of another liquor license in this particular facility. That would have to be waived by the City Council. I just wanted to make sure the petitioner is aware of '040. that. Mr. LaPine: Are you requesting a new liquor license or are you buying someone's liquor license and moving it to this location? Mr. Wibel: I am not real sure how I am going to handle that yet. I am probably going to buy an existing liquor license. There is an attorney I work with and he believes there are some liquor licenses available. That is probably the way we will go. Mrs. Fandrei: Mr. Wibel will you have that information by the time of the next meeting? Mr. Wibel: Yes. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-2-36 closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Tent and unanimously approved, it was #1-201-92 RESOLVED that, pursuant to a Public Hearing having been held on Petition 91-12-2-36 by Mark Wibel requesting waiver use approval to utilize a Class C liquor license in connection with a proposed restaurant to be located on the south side of Five Mile Road between Middlebelt and Beatrice in the Northeast 1/4 of Section 23, the City Planning `�• Commission does hereby determine to table Petition 91-12-2-36 until the study meeting of February 4, 1992. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Petition 91-10-3-5 by Mr. & Mrs. Allen Kraffa requesting to vacate a portion of a 6 foot easement along the west property line of Lot 552, Castle Gardens Subdivision #4, located on the south side of Five Mile Road east of Knolson Avenue in the Northwest 1/4 of Section 19. Mr. Shane 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 there are no City maintained utilities within the easement area under consideration to be vacated, therefore, they have no objections to this proposal. Consumers Power in their letter to 11890 Planning Commission indicates they have no facilities in the subject area and, therefore, they have no objections and would like to be informed of the final resolution of the matter. We do not have a letter from the Edison Company, however, we did receive a phone call and they indicated that very day they had made a field check of the property and report they have no objections to the vacating because they have no equipment in the area. They will send us a report but we do not have it as yet. Mr. Engebretson: Is the petitioner here? Allen Kraffa, 38781 Five Mile Road: We would like to attach a two-car garage to the west side of the existing home and if we take it forward to Five Mile to not go into the easement, it just would have no bearing as far as conforming with the rest of the residences in the area. We feel it would definitely be an improvement to the general area in conforming to all the properties in that particular block. Mrs. Fandrei: Mr. Shane, what is the different footage from the house on Lot 553 to the eastern boundary lines? Mr. Shane: I would estimate in the neighborhood of 40-45 feet. Mr. Engebretson: Brenda you will notice that it is still a greater separation than between Lot 552 and Lot 551. Mrs. Fandrei: This garage is going to be right behind his house. Mr. Shane: Theoretically he could build a garage to the easement, which is only four feet short of what he wants to do anyways. Mr. Kraffa: We did contact our neighbors to see if they took exception to it and they did not. The side yard is not fenced. It is not utilized as a yard. Mr. LaPine: John, assuming we would give them the vacating, then he would meet the ordinance? Mr. Nagy: No. He would still have to go to the Zoning Board of Appeals. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-10-3-5 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek and unanimously approved, it was ##1-202-92 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1992 on Petition 91-10-3-5 by Mr. & Mrs. Allen Kraffa requesting to vacate a portion of a 6 foot easement along the west property line of Lot 552, Castle Gardens Subdivision #4, located on the south side of Five Mile Road east of Knolson Avenue in the Northwest 1/4 of Section 19, the City Planning Commission does hereby recommend to the City Council that Petition 91-10-3-5 be approved subject to the receipt of a 11891 letter from Detroit Edison stating they have no objections to this vacation for the following reasons: 1) That the subject portion of the easement is not needed for any public access purpose. Nm. 2) That no City department or public utility company has objected to the proposed vacating. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances. Mr. Engebretson, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. The next item on the agenda was the approval of the minutes of the 635th Regular Meeting & Public Hearings held on December 17, 1991. On a motion duly made by Mr. Tent and seconded by Mr. Vyhnalek, it was #1-203-92 RESOLVED that, the minutes of the 635th Regular Meeting and Public Hearings held on December 17, 1991 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Gniewek, LaPine, Morrow, Vyhnalek, Engebretson, Kluver 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 is Petition 91-10-8-20 by Builders Square requesting approval of all plans required by Section 18.47 of Zoning Ordinance #543 in connection with a proposal to install a T.V. Satellite Dish on the roof of an existing building located on the north side of Plymouth Road just west of Middlebelt in Section 26. On a motion duly made by Mr. McCann, seconded by Mr. Vyhnalek and unanimously approved, it was #1-204-92 RESOLVED that, the City Planning Commission does hereby remove from the table Petition 91-10-8-20 by Builders Square requesting approval of all plans required by Section 18.47 of Zoning Ordinance #543 in connection with a proposal to install a T.V. Satellite Dish on the roof of an existing building located on the north side of Plymouth Road just west of Middlebelt in Section 26. Mr. Shane: This is a request for the location of a satellite communications dish on the roof of Builders Square located on Plymouth Road. The location of the dish would be at the rear of the building towards the east end of the building. (He pointed this out on the map and showed the type of dish they intend to use. ) \.. 11892 Mr. Engebretson: What they have done is to make changes that basically comply with what we asked them to do. On a motion duly made by Mr. Gniewek, seconded by Mr. McCann and unanimously approved, it was No , #1-205-92 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 91-10-8-20 by Builders Square requesting approval of all plans required by Section 18.47 of Zoning Ordinance ##543 in connection with a proposal to install a T.V. Satellite Dish on the roof of an existing building located on the north side of Plymouth Road just west of Middlebelt in Section 26, be approved subject to the following condition: 1 ) That the roof top site plan and specifications prepared by Polaris Communications for Builders Square located at 30000 Plymouth Road is hereby approved and shall be adhered to. 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 91-12-8-22 by Thomas W. Kurmas requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a new commercial building on the southeast corner of Eight Mile and Newburgh in Section 5. Mr. Shane displayed the site plans. Mr. Shane: On this site there is an existing structure, which was originally a residence. It was converted sometime ago into an office building. Nrr► The proposed building would be located just south of the existing building and would be at a much lower elevation. The site would have two entries, one from Eight Mile Road and one from Newburgh Road, which would service two parking lots, although the parking lots would not connect. It would service both the office building that is located on the site now as well as the proposed building. At your study meeting you requested a few things from the petitioner, one was a little more information on site utilities and secondly an idea of what the building would look like from Eight Mile Road and I understand he has the answers for both questions tonight. Thomas Kurmas: I do have a revised site plan that addresses the issue of the water main as requested. (Mr. Kurmas passed out the plans) Mr. Engebretson: What about sewers? Mr. Kurmas: The sewer is available to the site. It is a septic system now. We plan on relocating that over to here to maintain the two buildings. We are going to approach Farmington Hills. It is a long process and it is going to take us a little time to work that out. Mrs. Fandrei: What about the existing evergreens. They have some beautiful mature evergreens to the southwest corner of the house and behind it. It looks like those will not remain. 11893 Mr. Kurmas: There are some very large trees. There are some evergreens we plan on relocating on the site. Mrs. Fandrei: These are not new plantings? Mr. Kurmas: At this stage what we are planning to do is to save as much of those trees as we can. It is nicer to have mature trees on the site. Mrs. Fandrei: Have you had an expert look at those trees to give you some indication of whether they will be saved if they are moved? Mr. Kurmas: They will be saved if they are moved as long as they are not too large. Mrs. Fandrei: I am a former Historical Commissioner. Greenmead is very special to me. This two-story building looks like a two-story building. Even though it is going to be below ground level to a degree, it is going to stand out and be viewed from Greenmead as a two-story building. If you were able to save some of these larger trees, it would block the view of the building to a degree. Mr. Kurmas: It certainly is not our intent to cut down any trees that can be saved. It is going to be difficult to save all of them. Mrs. Fandrei: How many do you anticipate possibly saving? Mr. Kurmas: I would think we could save most of the trees that are along Eight Mile Road east of the existing building. Mr. Konkel: I agree. We want to save as many trees as possible. All the trees to the right are going to be saved. All the trees to the left on the high part of the property around the original office building are not an issue. You are looking from the entrance back. I think some of the trees that you now see are right in the middle of the building. We are going to try to move those. We hope to relocate about six of those trees. It will take a lot of time. In addition to that, I think back by the river there is a lot of foilage. We will not be touching that. Mr. Engebretson: Mr. Konkel, here is your opportunity to tell the City what you are planning to do with this property. Mr. Konkel: The property is going to have what we think is a full fledged quality golf shop. Our Six Mile and Newburgh operation we have maintained for 11 years. We want to take it a step further. We want to be a very quality golf site as far as goods, fit, assembly, lessons and we have real visions of complimenting the good golf facilities there. That is our full intent to marriage in with that golf community with the two golf courses and run a real fine golf facility. We do run the golf shop at Meadowbrook Country Club and we will continue to run that operation also. Between the two of those we hope to have a real fine golf facility. Mr. Engebretson: Will the golf facility have a name? 11894 Mr. Konkel: Yes it is called Caddy Shack Golf Shop. Mr. Gniewek: The new building itself, will it be used solely for Caddy Shack or will any of the facilities be used for any other use? Mr. Konkel: It is our intent to use it for 100% golf operation, which we would supervise and run. Mt. Vyhnalek: Getting back to the septic tank. In this new building you are only going to have a restroom for employees. One for women and one for men. You are not going to have one for the public so it will not have a lot of use? Mr. Konkel: That is correct. Mr. Vyhnalek: The septic tank has been there for years. It is a working system now? Mr. Kurmas: The soils on the site are very suitable to a septic system. Mr. Vyhnalek: You indicated before you were going to have an unique system of your upper deck. Could you explain that to us? Mr. Kurmas: Trying to utilize the full advantage of the property, we will have an area around the top of the building, which is shown on the plan, and that will be warehousing. We are hoping 18 to 20 of your major manufacturers would put their goods in that area meaning we would have a large selection of goods. We would make that available to them so they could store their goods there and that would be advantageous to us because we would have a good selection of golf equipment on the presmises. Nob. Mr. Tent: I am going to go back to the septic tank. You are suggesting that at some future date you are going to contact Farmington to tap into their sewers? Mr. Kurmas: We are in the process of doing that right now but that is going to take us a while. Mr. Tent: You indicated that you are going to relocate the septic tank to accomodate both buildings. You told Mr. Vyhnalek you are going to use the old system and you are only going to have it for a facility for the employees. My question is are you going to relocate the septic tank or are you going to use the old one? Mr. Kurmas: We will be relocating the system entirely. These things can change depending on what the feedback is we get from Farmington Hills. In addition to providing the septic field if we need to we are also proposing to pull a lead out to Newburgh in the anticipation of that sewer coming through there. Mr. Tent: Let's talk about now. How are you going to accomodate the facility now if this is approved? Mr. Kurmas: Essentially we are taking the septic system that is there now and relocating it to the side. 'rrr 11895 Mr. Tent: Will it be enlarged in any way? Mr. Kurmas: I can't answer that now. It is important you understand we are adding much fewer toilets. Mr. LaPine: You will be leasing space on the second floor to Wilson, etc.? Do they each have an area upstairs where they are leasing space and going to store golf material, which they will come in from time to time and take out and deliver to other locations? Mr. Kurmas: I would offer that to them as free space with the hope that they would leave large amounts of inventory there that would be readily available for my customers. We are not intending to rent it. We are giving it to them free with the hope that they will store their extra goods there. Mr. LaPine: If they needed any of that material at another location, they would come in and pick it up? Mr. Kurmas: That is probably true. Mr. McCann: It is going to be a sheet metal roof? Mr. Kurmas: A standard sheet metal roof. Mr. Nagy: You can see a sample of these corrugated roofs at Cookers Restaurant or Chili's Restaurant. It is a quality roof material that is being used more and more frequently. Mrs. Fandrei: Basically, what you are telling us is the second floor is warehousing? Mr. Kurmas: About 70% warehouse and 30% offices. Mr. Nagy: It is not the full 10,000 square feet. It is a mezzanine. Mrs. Fandrei: As I look at your renderings, this building is, as far as I am concerned, oversized for this location. This is a pastoral setting. There is no commercial anywhere in the area and this size of a building, without the benefit of the trees screening it, really takes away from the beauty of the golf course, the beauty of the Greenmead property, etc. I am really having a major problem with the size of this building and particularly since 75% of the upper level is just warehousing. I am real uncomfortable with it. Mr. Engebretson: It is just the perimeter. It is not 75% of the square footage of that building that is used for warehousing. It is a very small percentage. Mr. Kurmas: It is going to be really closed in and we are going to try to save a lot of the trees. I do recognize that corner being the gateway to Livonia and we would like to keep it very nice. It will be our full intent to make a really nice landscaped area. Mrs. Fandrei: I have been on this board 3 1/2 years and the feedback I get from the public is the amount of commercial development that we have 11896 just keeps growing and growing. This is one corner that has been untouched. It has its own beauty and it is the gateway to the community. We have so much vacant commercial. I realize your competition is on the other side of the golf course. This puts you right at the door and that is very, very desirable. I am not Nifty comfortable having this size in that location. Mr. Kurmas: With both buildings on this piece of property, we are only covering 15% of it with building, which is quite unusual for any commercial development. We are not overbuilding the site by any means. Mr. Engebretson: I am not so sure that is such a beautiful corner as it exists now. There was a former house turned into a commercial venture that has been an eyesore. It has been poorly maintained. It is in a constant state of disrepair. I think the commitment Mr. Kurmas has made to renovate, to make that building compatible with the new structure, is going to greatly enhance the beauty of that corner. I share the concern about the vacant commercial buildings; however, in this case we have a very successful business that needs to expand. There is no speculation involved here. While it may leave a vacancy down at Six Mile and Newburgh, that too is a very successful shopping center. I personally think this is going to greatly enhance that corner. Mr. McCann: I take a little exception to that. I agree there has been a problem with that home but it gives it a residential affect. The problem I am having with this is we are just leaving the home on the corner. We are taking this piece of property, which is a prime piece of property in Livonia. It is the expanding area of Livonia and by doing this, it is kind of haphazard. We are leaving this old existing building. Instead of taking it down and building the __ site one unit and making it a beautiful site, we are going to try to blend this and blend that. We are still going to be stuck with the old home, which you don't think is attractive to begin with. I don't think it is a complete proposal and I have a problem with "we are trying to blend it and trying to hide this". I am getting a real incomplete feeling with this. We may regret our decision. Mr. Tent: I share Mr. McCann's comments on this. To me it is a piggy back operation instead of starting from scratch. I have a problem with leaving the old building up. Mr. Nagy: The old building is being renovated. On a motion duly made by Mr. Kluver and seconded by Mr. Vyhnalek, it was #1-206-92 RESOLVED, that the City Planning Commission does hereby approve Petition 91-12-8-22 by Thomas W. Kurmas requesting approval of all plans required by Section 18.58 of Zoning Ordinance #I543 in connection with a proposal to construct a new commercial building on the southeast corner of Eight Mile and Newburgh in Section 5, subject to the following conditions: 1) That Site Plan 5943 Sheet SD-1 dated 1/2/92 prepared by Thomas W. Kurmas and Associates is hereby approved and shall be adhered to; 11897 2) That Building Plan 5943 Sheets A-3 and A-4 dated 1/2/92 prepared by Thomas W. Kurmas and Associates is hereby approved and shall be adhered to; 3) That the landscaping as shown on Plan 5943 Sheet SD-1 dated 1/2/92 prepared by Thomas W. Kurmas and Associates is hereby approved and shall be adhered to. 4) That any signage on the property must be brought back before the Planning Commission for review and approval. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Gniewek, Kluver, Morrow, Vyhnalek, Engebretson NAYS: McCann, LaPine, 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 is Landscape Plan for Bayberry Park (cluster housing development) located on the west side of Harrison just north of Five Mile in Section 13. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Gniewek and unanimously approved, it was #1-207-92 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that the Landscape Plan for Bayberry Park (cluster housing development) located on the west side of Harrison just north of Five ,00r Mile in Section 13, be approved subject to the following condition: 1) That the Landscape Plan for Bayberry Park as shown on Drawing P-3052 Sheet LP-1 dated 11/4/91 prepared by Ludwig and Associates is hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Permit Application by Michael Donnelly for a Satellite Disc Antenna on property located at 31681 Bobrich Avenue in Section 10. Michael Donnelly, 31681 Bobrich Avenue: I have contacted my neighbors two doors behind me and two doors to the left and the person across the street. I have explained why I wanted it and they have no problem with my putting it up. I took into consideration the City of Livonia and people of neighborhood and I have decided to put it in the back of the yard. Mr. Engebretson: All the neighbors that would be in view of it, have been contacted? Mr. Donnelly: Yes and they signed the letter. 11898 Mr. Engebretson: Do we have that letter in our file? Mr. Nagy: Yes. On a motion duly made by Mr. LaPine, seconded by Mr. Vyhnalek and unanimously „` approved, it was ##1-208-92 RESOLVED that, the City Planning Commission does hereby approve Permit Application by Michael Donnelly for a Satellite Disc Antenna on property located at 31681 Bobrich Avenue in Section 10 subject to the following condition: 1) That the Site Plan and Specifications submitted by Michael Donnelly for a Satellite Disc Antenna at 31681 Bobrich Avenue are hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda is Request by Cantoro Italian Market to illuminate awning on the front of the building located on the east side of Middlebelt between St. Martins and Bretton in Section 1. Mr. Shane displayed the sign. Mr. Engebretson: Are you the person who appeared when this sign was originally requested? Mr. Joe Fortuna, Manager of Cantoro Italian Market: That was my cousin. ``. Mr. Engebretson: At that time there was no need or desire to light it. What has happened? Mr. Fortuna: The building is so far away from the street. A lot of customers complain they cannot see the building. Mr. Vyhnalek: Why don't you just light up the center portion? Mr. Fortuna: What would be the use of lighting the center? I have never seen any canopies where they only light up half. Mr. Vyhnalek: If you lit it up so it would glow in the dark. Mr. McCann: I have no problem with lighting up the awning but would you agree to rip up the sign up front? Mr. Fortuna: We are thinking about that. Mr. McCann: If we condition the approval tonight, would you agree also at the same time to rip down the old sign? Would you consider that? Mr. Fortuna: Sure we could consider that. Mr. Tent: He said he would consider it. I think Mr. McCann would like an answer. ``r 11899 Mr. Fortuna: I would have to think it over with my partner. I could let you know. Mr. McCann: I think we should table this until our next meeting. On a motion duly made by Mr. McCann, seconded by Mr. Gniewek and unanimously approved, it was #1-209-92 RESOLVED that, the City Planning Commission does hereby determine to table the Request by Cantoro Italian Market to illuminate awning on the front of the building located on the east side of Middlebelt between St. Martins and Bretton in Section 1 until the study meeting of February 4, 1992. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 636th Regular Meeting and Public Hearings held on January 21, 1992 was adjourned at 10:12 p.m. CITY PLANNING COMMISSION r.:' rte. Brenda Lee Fandrei, Secretary ( 1 ATTEST: Zh' 1 A Ja, k Engeiretson, Chairman jg