HomeMy WebLinkAboutPLANNING MINUTES 2003-05-2020353
MINUTES OF THE 8W PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, May 20, 2003, the City Planning Commission of the City of Livonia
held its 865" Public Hearings and Regular Meeting in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan.
Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m.
Members present: James C. McCann Dan Piercecchi H. G. Shane
Robert Alanskas William La Pine Carol Smiley
Members absent: John Walsh
Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Scott Miller,
Planner III; and Ms. Marge Roney, Secretary, were also present.
Chairman McCann informed the audience that if a petition on tonight's agenda
involves a rezoning request, this Commission makes a recommendation to the
City Council who, in turn, will hold its own public hearing and make the final
determination as to whether a petition is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat anc/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If
a petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has ten days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become
effective seven Q) days after the date of adoption. The Planning Commission
and the professional staff have reviewed each of these petitions upon their fling.
The staff has furnished the Commission with both approving and denying
resolutions, which the Commission may, or may not, use depending on the
outcome of the proceedings tonight.
ITEM #1 PETITION 2003-03-0141 MICHAEL FANT
Mr. Pieroecchi, Secretary, announced the first item on the agenda, Petition 2003-
03-01-11,
00303-01-11, submitted by Michael Fant requesting to rezone
property at 36025 Ann Arbor Trail located on the south side of
Ann Arbor Trail between Grandon Avenue and Linville Avenue
in the Southeast%of Section 32 from RUF to R-1.
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Mr. Taormina
presented a map showing the property under petition plus the
exist ng zoning of the surrounding area.
Mr. McCann:
Is there any correspondence?
Mr. Nowak:
There is a letter from the Engineering Division, dated April 11,
2003, which reads as follows: "Pursuant to your request, the
Engineering Division has reviewed the above -referenced
petition. We have no objections to the proposal at this time. An
additional 27 feet of right-of-way for Ann Arbor Trail should be
dedicated at this time. If approved, the resulting parcel
descriptions should be based on the survey information. There
are water mains to serve these sites on the north side of Ann
Arbor Toil. Sanitary sewers will have to be extended in Ann
Arbor Toil from the east property line to serve the four parcels.
There am no storm sewers adjacent to the site that will serve
the splits at this time. Provision will have to be made to extend
storm sewers in conjunction with the splitting." The letter is
signed by Robert J. Schron, P.E., City Engineer. That is the
extent of the correspondence.
Mr. McCann:
Is the petitioner here this evening?
Michael Fant, 566 Sandalwood, Canton, Michigan 48188.
Mr. McCann:
Thank you. And yourco-petitioner?
Mike Petro, 6747 Edgewood, Canton, Michigan 48187. I'm a master builder.
Mr. McCann:
Is there anything additional you'd like to tell us about this
development?
Mr. Petro:
Basically what we want to do is, if we get the rezoning, there's
an older farmhouse . it's actually very nice on the inside.
We're going to dean that up, re -side it, really dean up the area,
put upsome nice brick homes and make it a nice looking site.
Mr. McCann:
Are there any questions from the Commissioners?
Mr. LaPine:
I have a question for Mark. Seeing that I wasn't at the study
session, I haven't heard all the arguments for this, but if this
went R-1, how many homes can be built on it compared to R-3?
Mr. Taormina:
Four would be the maximum number of homes under the R1
zoning. Was that your question, or was it how many homes can
be built if it was zoned R-3?
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Mr. La Pine:
Yes.
Mr. Taormina:
I don't believe they could divide this into any more than three
parcels under the R3 if they want to keep the existing house.
Mr. La Pine:
So, it would be four homes under R-1 and three homes under
R-3. Thankyou.
Mr. Piercecchi:
You could get four homes under R-2, right?
Mr. Taormina:
No, I dont know that it would be possible to have four building
sites under the R-2 zoning classification. I think only the R-1
would allow four. Each of these sites meets the minimum
frontage requirement, but not by ruch. The minimum width is
60 feet in the R-1 district, whereas the minimum width
requirement in the R-2 district would be 70 feet, so I don't
believe there's enough frontage to allow four sites.
Mr. Piercecchi:
It's the same 191 feet.
Mr. Taormina:
Yes, but given the angle of the property, I don't know that it
could be divided into four conforming sites with the R-2 district.
Mr. Piercecchi: Okay
Mr. Shane: For the petitioner's benefit, we're discussing R-3 as opposed to
R-1 because when you look at this plan you submitted, the
angle of the most westerly lot is rather narrowing towards the
back. I think some of us feel that it is better to cul one lot off
and make all the other lots a little bit wider to get rid of that
steep angle back there. That's why the discussion is headed in
that direction.
Mr. Petro: The lots are so deep we figured that if we centered the house,
maybe do a nice colonial, the sides still fit nicely, maybe
horseshoe them towards Ann Arbor Trail so they follow the line
of the street instead of putting them all in a row, because the
way it is sitting, they should have large building envelopes.
Mr. Alanskas: Sir, do you own the property or is this on a contingency?
Mr. Petro: No, we own R.
Mr. Alanskas: You heard the concern about the sewers?
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Mr. Petro:
Yes.
Mr. Alanskas:
You have to run it from a different area to get them in there.
Mr. Petro:
The sewer stops right on the property line to the east. We have
Soave Construction already lined up, hopefully so everything
goes well. We'll have them run the water and sewer.
Mr. Alanskas:
Would you have a problem going with one less lot and going to
R3?
Mr. Petro:
That would really hurt us as far as financial -wise and what we
paid for the properly.
Mr. Alanskas:
All right.
Mr. LaPine:
Mr. Chairman, just one more question. Mark, no matter if ft's
three houses or four, there will be a driveway off Ann Arbor Trail
on each of them. Is that cored? They will all have drives off
Ann Arbor Trail?
Mr. Taormina:
That is my understanding, cored.
Mr. LaPine:
That's a pretty heavy traveled road. Are there going to be
turnarounds so they don't have to back out?
Mr. Petro:
Yes. Definitely on the site plans, we will show turnarounds on
every one of them.
Mr. McCann:
Is there anybody in the audience that wishes to speak for or
against this petition?
Donald Sidor, 36026 Dover. I live directly behind the house. I dont see how you
can gel any more than two houses on that property. I've lived
there over 20 years. I knew a couple previous owners. My
biggest concern is Ann Arbor Trail is definitely overloaded in
traffic. I mean, its a two lane road. If you were to go to Five
Mile, Six Mile, Seven Mile, you've got five lane roads. This is a
two-lane road. And Joy Road dead ends into Wayne Road, so
all the traffic that comes from Joy Road where it dead ends at
Farmington, is all picked up by Ann Arbor Trail. When Hines
Drive is dosed down, Ann Arbor Trail picks up all the traffic.
The area along Ann Arbor Trail - there's a lot of flooding.
There's some new houses and an apartment complex —
anytime there's a lot a rain, half of Ann Arbor Trail will be
flooded out on the lower side where the apartments are and
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there's a house there that they built. In the old homes, they had
a ditch because they don't have any sewers along Ann Arbor
Trail. They had a ditch. So now you've got all these extra
houses going up, all this extra traffic, there are no left tum lanes.
During rush hour, it's just pitiful. I mean the traffic is just so bad
during rush hour, you're afraid to let your kids out there. There
are no sidewalks. The kids walk along the shoulder of the road.
If all these places are going to be built, all these houses that
used to ... they put up the condominium complex. Idon't know
how many. They put up subdivisions down towards Hines
Drive. They probably put up 20 - 30 homes since I've been
there. The traffic is getting worse. And like I said, the kids can't
even walk to school because there's no sidewalks. But after
school, therre up and down the road on the shoulders. And
during the wintertime, theyre oft the shoulder and actually on
the road. So if all these homes keep getting built, I feel that Ann
Arbor Trail definitely needs to be widened. You need at least a
tum lane. You need two-way traffic and a turn lane. And you
need to do something about the drainage, and you need a place
for pedestrians to walk because all these houses keep getting
built, and this adds more people, more congestion and nothing
has been done, but many homes have gone up. In the last 20
years, I'd say at lead 20 to 30 homes, plus two subdivisions
have gone up now, a condominium complex. We've got two
apartment complexes along there. I dont see how you could
handle any more without doing major work on Ann Arbor Trail.
That's my opinion. Like I say, on the property itself, I don't see
how you can get more than two homes on that without
cramming something in there. And if you curve them towards
the road, that one, the house on the west side, the whole house
would be facing the front of the other house that's to the west of
H, in my opinion.
Mr. McCann: You're saying two homes on top of the home that's already
existing?
Mr. Sidor: I'd say that home and one more just looking at be properly,
because that house isn't oft to one side. You'd have to tear the
garage oft or something. That's my opinion. My whole concern
is the road and doing something with the pedestrian traffic and
doing something with drainage. The more property, the more
building you do, the less place for the water to drain. It's all on
Ann Arbor Trail. In the springtime, we get big puddles out there.
The City comes and puts signs up, but that doesn't do us any
good. You still have to drive through it. Then they start freezing
again, and then every heavy rain ... I don't know, like a couple
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of houses they built, they just don't seem to care. There's no
place for that water to go. And if they're going to keep building
homes, I'd like to see some type of sewer along the roadway
since they're no longer pulling the ditches there to pick up that.
Mr. McCann: Is there anyone else in the audience wishing to speak? The
petitioner has the last opportunity. Is there any additional
comments you'd like to make?
Mr. Petro: As far as the water concern, of course we'd be working with the
engineers and grading to solve any water problems if there were
any. I don't know if Livonia requires it, but we'll be putfing in
sidewalks if we can. We're going to try to upgrade the
neighborhood and make it a little nicer. And its three homes
we're looking for. We're not looking to put in condominiums and
other things from 20 years back. We're looking to have a little
peace and make it nice. Thank you.
Mr. McCann: I will close the public hearing. A motion is in order.
Mr. Alanskas: I agree in regards to the traffic situation on Ann Arbor Trail, but
because of the depth of the lots and width, I believe it certainly
could take three homes. So I will offer an approving resolution
to change the zoning to the R-3 classification.
On a motion by Mr. Alanskas, seconded by Mr. Shane, and unanimously
adopted, it was
#05-66-2003 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
2003-03-01-11, submitted by Michael Fant, requesting to rezone
property at 36025 Ann Arbor Trail located on the south side of
Ann Arbor Trail between Gmndon Avenue and Linville Avenue
in the Southeast %of Section 32 from RUF to 1-1, the Planning
Commission does hereby recommend to the City Council that
Petition 2003-03-01-11, as amended, be approved so as to
rezone this property to R-3, for the following reasons:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding uses and zoning districts in
the area;
2. That the proposed change of zoning will provide for the
development of the subject properly for single family
residential purposes in a compatible manner with other
developed properties in the area;
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3. That the proposed change of zoning to the R3
classification will provide for more appropriately sized and
shaped lots given the dimensions of the subject property
and the angles at which the side lot lines intersect with the
Ann Arbor Trail right-of-way; and
4. That the proposed change of zoning to the R3
classification would allow for the development of homes
that would be more in keeping with standards of new
construction throughout the City.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. McCann, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution to R-3 zoning.
ITEM #2 PETITION 2003-04-01-12 GENERAL PROPERTIES
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition
2003-04-01-12 submitted by Frank J. Kokenakes, on behalf of
General Properties Company, LLC, requesting to rezone
property located on the west side of Sunset Avenue between
Kenwood Court and Eight Mile Road in the Northwest '/. of
Section 2 from RUFA to R-3.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
Mr. Nowak: There are three items of correspondence. The first item is from
the Engineering Division, dated April 14, 2003, which reads as
follows: "Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. We have no objections
to the proposal at this time. The legal description provided is
missing a length of 132 feet in the last call on the fourth line.
We would recommend that any division proposed include the
construction of Modock Street from its current dead end to
Sunset Avenue. There are water mains, sanitary sewers and
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storm sewers to serve this site. However, these utilities will have
to be extended to serve this site and the water main that
currently dead ends in Modock Street must be looped to the
existing main in Sunset Avenue." The letter is signed by Robert
J. Schron, P.E., City Engineer. The next letter is from a
resident, Robert Eddy, 20238 Sunset, dated May 19, 2003,
which reads as follows: 7 am writing to you to express my deep
concern over the proposal to further develop Sunset Street.
The proposal is slated for consideration during the
Commission's normal session on Tuesday, May 20, 2003.
Please accept this letter as a substitute for a verbal argument. 1
will unfortunately not be able to attend the 0,520 session. My
family's position against the proposal continues to be based on
the following points: (A) Preservation of current environment.
Home location contributes largely to both quality of life and
property value. Constructing new single family homes on the
proposed property will unequivocally change both for the current
residents of Sunset Street The proposal would change a
wooded vista frem my front door into a view of an aged
apartment complex. Noise buffering. Removal of the trees will
create a daily reminder to the property owners of their proximity
to 8 Mile and Merriman. Cumentiy, peace and quiet are large
pluses to current owners and potential buyers. Loss of all
character on the street. 1 can only say that you would have to
drive by to comprehend the impact. (B) Questionable impact on
property values. New construction is generally accepted to
enhance overall property values for a given area. 1 would
strongly disagree in this case. Proposed lot sizes are smaller
than the current residents of Sunset Street. Small backyards
will be facing an ugly apartment complex. Houses will to have
to be biggerlbetter to equalize values - doesn't make sense on
smaller lots, who's going to buy these homes? (C) Safety. The
proposal will apparently necessitate the construction of a
crossroad connecting Sunset and Merriman. Suddenly a new
shortcut for the balance of the Sunset subdivision. Loss of all
value on living on a cul-de-sac. No longer a positive forfamilies
with children to live on this dead-end street. 1 realize that 1 am
asking the City of Livonia to forego future property tax dollars in
a period of revenue difficulty. 1 further understand the need to be
flexible for the good of the city. `It's all of our problem.' But this
is too much. The current residents of Sunset Street will be too
negatively affected to allow this proposal to pass. 1 thank you
for the opportunity to 'speak' on this important matter." Lastly,
we have a letter from resident, Tony DiVilo, 20210 Sunset,
dated May 13, 2003. This is a somewhat lengthy letter, but
there is a conclusion section, which reads as follows: 'I think
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that the neighborhood is better served if the rural atmosphere is
maintained. With new homes, the neighborhood will resemble
an overpopulated subdivision with no 'country atmosphere.'
Although more homes bring the city more tax dollars, less
desirability brings values down. And an adequate buffer needs
to be maintained between the Sunset subdivision and the
multi -family development. Although 1 dont know what the
current zoning would allow with regard to development of the
property in question, 1 respectfully ask that the commission
retain the Rural Urban Farm zoning. 1 also dont know the
ownership details, but 1 wonder whether the city has considered
purchasing the land for preservation purposes if there is no
development considered for the future." That is the extent of the
correspondence.
Mr. McCann: Mr. Kokenakes, you are representing the pettoner?
Frank Kokenakes, Frank Kokenakes, PLC, 39040 West Seven Mile Road,
Livonia, Michigan 48152. Yes. Good evening, members of the
Commission. I am representing General Properties Company,
LLC. In the audience with me is Mr. Elliott Schubiner, one of the
members of the LLC. His brother, David Schubiner, did sign the
pelition. David was called away to business in California. If
necessary, Elliott can assist. This is our pefifion to rezone 2.8
acres of land on the Sunset Avenue Iocafion from RUF to R3
zoning. We have provided to you earlier a drawing of the
prospective site under R-3 zoning which would show 11 lots. As
was menfioned earlier, a similar petton came before the
Planning Commission in 1999. At that lime, it was, in fad,
unanimously adopted by the Planning Commission. It then went
on to Council where it was denied. However, I believe the
Planning Commission at that lime made the right decision, and I
believe that there has been, in fad, a substamal change in
circumstances since 1999, which would also mitigate in favor of
allowing this pelition. As you are aware, since 1999, Wayne
County has, in fad, imposed a stone water drainage
requirement. That, in fad, will require us to make sure that any
stone water would drain off the property at the appropriate
amount. Because this is less than five acres, it's based upon a
ten year stone volume versus a 100 year stone volume. Our
first point is, any reduction in lots less than 11 would cause us a
problem because we may have to use one of those lots as a
potential water basin. I did have a chance to speak with Mr.
David Ryzyi of the Wayne County DPS. We were talking
hypotheticals. He didn't see this plan, but he did remind me,
and I suppose you members know, that if a basin went in, we'd
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have to have a 25 foot buffer around that. So obviously it's an
extensive situation. As we would develop this property, we will
obviously have to get into those types of issues. It should be
mentioned that some of the surrounding area is RA. I'm sure
the Commission is well aware at that. Under an RA
designation, there would only be nine lots available for this side
of the street, whereas on the pre-existing Sunset Subdivision,
they already have their ten lots. It is important to note, as Mr.
Taormina mentioned, that these lots are R3 zoned but not quite
R-3 configured. In fad, the widths of the lots, and that's what
the yellow arrows indicate, are 87-1/2 feel. The depth is only
110 feet. Conversely, on the petitioner's plan, they have 132
feet depth. They are proposing traditional R-3 zoning with an 80
foot width. One of the concems that has come to my attention,
and I'd like the Commission to avoid in a sense, a subjective
perception ... there seems to be some concern that if we had
11 lots on the west side of the street, that the homes wouldn't
match up to the east side of the street. And I believe to make
that kind of determination is very subjective and I would suggest
arbitrary. That, in fad, the perception of an intangible location is
pretty hard to deal with. I want to reiterate that the east side of
the street is R3 zoning with 10 lots. There is additional land.
We have additional land coming off where the street enters and,
in fad, we have sufficient room with the cul-de-sac to have a full
11 lots. I would note, and I'm sure the Commission's aware,
that over here there's another small court, Kenwood Court,
which is R4. And I would suggest to you, and of course the
surrounding area is RUF, but I would suggest to you that this
street is so isolated that it doesn't really lend itself to the issue of
incompatibility with the other RUF areas. For sake of argument,
if the plan was flipped and say that the current subdivision was
actually situated on the west side and we were asking to rezone
the east side, then you'd be actually abutting RUF property.
Maybe that argument would have some weight, but not
sufficient enough weight to overcome this strict ordinance at the
R-3 ordinance, but it might have some weight. But, in fad,
that's not the way it is. In fad, as has been mentioned, there is
a Whispering Woods apartment complex here on that boundary.
We have a parking lot and car ports and, of course, a dead-end
road from Modock Avenue which does service the apartment
complex. In fad, with this apartment here, with this other
subdivision already built on the east side of the street, this
whole development is isolated. And the change we're
requesting does allow for compatibility. And I will note, I went
back and looked at some of the minutes of the December 14,
1999, Planning Commission decision on this very same petition.
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The ruling was that the change is compatible with the
surrounding area, that the change is a logical extension of the
existing zoning district, that this change also allows the
residential development in a compatible manner with the current
Sunset Subdivision, and that the proposed change is consistent
with the Future Land Use in this area. I had, in fact, appended
several photographs, and I can share additional photographs
with the Commission if you so desire. This is the view down the
street. The screen arrow corresponds to the view of this
photograph. It is attractive. However, what I also want the
Planning Commission to note is that I have another photograph
here. What is happening is this is becoming a dump for
compost, grass and some cement and different things at that
location. So, it's not being maintained as a park -like structure;
in fad, someone, and I would suggest it must be some
neighboring persons, are dumping their grass dippings and
refuse on this site. It is our belief that the only fair and
reasonable change of zoning would be to R-3. In fad, you
would have a substantial yard for each home at 80' x 132'. The
setback of these homes could be slightly offset. With careful
planning, some of these trees, and I know that construction sites
do get ripped up, but some of these trees could be retained in
such a fashion as to block off the view of some of these homes,
which I'm sure would be nice. But the point is that it would
negate this perception that somehow this subdivision would not
match with the subdivision across the street. It really penalizes
the petitioner because, in fact, these sites, if I read the numbers
correctly, don't really comply with the R3 zoning because they
are not deep enough. Now maybe the total yardage, the total
area, would work under the formula, but I don't believe the site
and the width and depth does work. They received some
zoning which may be arguably, and we believe we should be
allowed the same type of R-3 zoning. Finally, I'd like to mention
just a couple economic issues and then open the matter up for
questions. First of all, I don't believe there is any traffic issue
here. Further, this is a standard residential street and certainly
able to service this number of homes. Note that on numerous
occasions, members of the City talk about helping out our
school district. Well, this is the Clarenceville School District,
and for every child that goes into one of these homes, that's a
foundation grant for the Clarenceville Schools of approximately
$8,000. So, allowing an extra lot, an eleventh, would benefit the
Clarenceville School District if someone moved in with children,
which is probably the target area of this site development.
Obviously additional property taxes. And the other issue is the
fact that because the homes in the prior subdivision were built
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earlier, it would cost the petitioner a substanlial amount of
money to con a new sewer system to service this new
development. That cost would typically be passed on to the
home buyers in some fashion and some proportion, and in fad
mitigate against the type of development that you would want in
this part of Livonia so that it would match with the existing
homes, be comparable or upgraded somewhat. In conclusion,
the petitioner believes that the Planning Commission made the
right decision in 1999, should continue to make that ruling, and
if necessary we will deal with the issues at Council. We believe
that the Planning Commission did make the correct decision
and this is, in fad, an R3 area and should be zoned that way.
Thankyou.
Mr. McCann: Are there any questions from the Commissioners?
Mr. Piercecchr You keep bringing up the Planning Commission decision of a
couple years ago. The Council rejected that proposal because
of the lot sizes; namely, the widths. So we're playing by
different rules now. The rules are to try and match up that area
across the street. Now, if we went into RA 90 foot lots and 132
feet in length, that meets all the requirements. You would
match up with the property to the east because they are 87-1/2
feet there. Plus, across the street there are 10 lots, and with R-
4, you could gel 10 lots. So R4 is logical zoning under the
present ground rules that's were working on, not 80 foot lots.
Mr. Kokenakes: May I respond, sir? My understanding is that actually there
might have been some discussions back in 1999 about trying to
obtain 10 lots. My understanding is that on a straight R-4
development, we'd only get nine lots. I believe that's even set
forth in the minutes of the Zoning Board of Appeals decision. I
believe that is correct. In fad, I'm led to believe that once we
extend out the distance for the R4, there would only be enough
for nine lots on this parcel. And then we have to take into
consideration that we have our storm water basin requirements
out of Wayne County, which we're going to have to deal with.
Mr. Piercecchr Sir, the point is that we should match up across the street the
best we can, and R4 does that, not 80 feel. I can understand
why the Council voted the way they did. I dont know how the
people out there feel; perhaps somebody will come up and tell
us how they feel about lot sizes.
Mr. Kokenakes: Well, I hear what you're saying. I respectfully don't agree
because that was one of the things I was trying to caution
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against earlier. We're talking about matching up. Well, what
are we matching up? We're subjectively perceiving that the ...
we don't have anything to compare because we have nothing
built yet, so we're perceiving that there will be an ill match. I'm
suggesting to the Planning Commission that is subjective, which
tends to be arbitrary. And if you simply look at the land mass,
2.8 acres and the way its configured, R-3 makes the most sense
from an objective point of view. When you start saying, well,
this new development is not going to match up with the old
development because they have three -and -a half feet more on
each side of their houses, I think that gets very subjective, and I
think that's something the Planning Commission should avoid.
Mr. Piercecchi: Well, @ isn't any more subjective than the 80.
Mr. Alanskas: Through the chair to Mark. Mark, on R4, how many lots could
he put on there?
Mr. Taormina:
I believe Mr. Kokenakes' evaluation is accurate, that nine would
be the maximum number of lots that could be achieved under
an R4 zoning classification.
Mr. Alanskas:
So you would be losing two lots, from eleven to nine. I'm not
that concemed as far as matching up because, as you say, you
don't know until you build. What came in first, the R-3 Sunset or
the R4 Kenwood? Did Kenwood come in after Sunset?
Mr. McCann:
R-3 came in first, I think, and then we did the R-4.
Mr. Alanskas:
So Kenwood came in last. I think the City is always trying to
make an RUF property the biggest zoning we can. And that's
my issue. I think the R4 is the correct zoning. Thank you.
Mr. La Pine:
Mark, when we originally heard this case, it was strictly a
rezoning. We never saw a plan and how many houses were
going to go in there and him they were going to be built. I never
saw a plan. This is the first one I've ever seen.
Mr. Taormina:
I believe that there was a plan submitted during the rezoning
petition and it may, in fact, be the same plan that is presented
here this evening that shows an 11 lot design. There was a
second plan generated. I'm not sure at what point during the
rezoning process. It also showed the ten lot design with 88 foot
wide lots.
Mr. LaPine:
We did have one with 10 lots atone time?
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Mr. Taormina:
There are two plans in the previous rezoning file: one with 11
lots and one with 10 lots.
Mr. La Pine:
Mr. Kokenakes, a couple questions. Number one, you talk
about the lots across the street are 110 feet deep and yours are
138 feel deep. Well, you know, a normal road in Livonia is 60
feet wide. So you've got a 55 fool wide road there. Maybe what
we need here is you add five feel to that road and that would
make the road 60 feel. But the other point I want to make, you
stated the fact that there's a possibility, we don't know at this
point, that you may lose a lot anyway because of the Wayne
County water shed situation. Is that cored?
Mr. Kokenakes:
There is either a retention basin method or some kind of
underground system.
Mr. La Pine:
So at this point, if you want me to vote on this tonight for 11 lots,
I can't do it because I don't know if you're going to lose a lot or
not You may end up with only len lots anyways.
Mr. Kokenakes:
Under the 123, yeah, with that siluabon. If we go to Rd, I'm at
nine lots, and then what am I going to do? I'll be down to eight.
Mr. La Pine:
Well, you'll have nine lots, but you'll still have room to put in
your retenfion basin or your underground system, whatever you
have to do. You would lose two lots, but no matter which way
you go, if you have to put the retenfion basin in, you're going to
lose a lot.
Mr. Kokenakes:
Potentially, yes, and that's what we're concemed about, of
course, because then ...
Mr. La Pine:
You're looking at it from a monetary point of view. I'm not
looking at it monetarily; I'm looking at what I believe is in the
best interests of the area and the City. And I have to agree, my
personal opinion is, because it's R-3 across the street, it makes
sense to have R-3 on this side of the street. No argument on
my part on that. But I do believe we can make it ten lots. You
would lose that one e)dm lot that you have to eliminate for the
retention basin or else you're going to increase the size of the
other ten lots. To me, that makes more sense, and widen the
road and make it a 60 foot road. Maybe you can take this cut -
de -sac and bring it around somehow and dosomething here.
Mr. Kokenakes:
I do note thatthe road is properly curved on both sides.
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Mr. La Pine:
I understand that and it's 55 feel, but our normal is 60. Is that
right, Mark?
Mr. Taormina:
Typically the right-of-way width is 60 feet. In this case, it's 55
feet.
Mr. La Pine:
Right. If your lots are that much deeper than the guy across the
street, maybe we can increase the road and make it a 60 fool
road and be compatible with most of the roads in Livonia. I
have no problem, personally, with the R-3 because of across
the street. But I do have a problem with the 11 lots, and at this
point, I don't know if you're going to lose a lot for the
underground retention basin or piping. No matter which way
you go, you're going to have to shift the lots I vould assume.
Thankyou, Mr. Chairman.
Mr. McCann:
Frank, do you know if this is going to be going as a preliminary
plat or a site condominium?
Mr. Kokenakes:
Well, that's a discussion that I briefly had with my client. We're
not quite sure. He's showing some preference for a subdivision
at this point, as the development across the street is.
Mr. McCann:
I'm just refering to the process. Preliminary plat or site condo
process. Mark, did the other one go in as a condo or is that a
preliminary plat?
Mr. Taormina:
It's a platted subdivision.
Mr. McCann:
The platfing that there's now, is that a supervisors plat? Is he
going to have to go through and file a law suit?
Mr. Taormina:
No, this is an unplatled parcel.
Mr. McCann:
So he could go through a normal preliminary plat?
Mr. Taormina:
It could be developed either through the Land Division and
Subdivision Control Statute and ordinances or site
condominium, either way.
Mr. LaPine:
Mr. Kokenakes, you also brought up the point that if you lose a
lot or if you have to run the sewers down through here, it's going
to run up the cost of the land. Well, you're going to pass it onto
the buyer anyways. If the buyer doesn't want to pay that price
for the lot and house, he's not going to buy R. So I mean that's
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not really an argument. And about the children and the school,
you can't guarantee that people with kids are going to buy these
homes anyways. I mean, we got to have a home for old people
like me.
Mr. Kokenakes:
That's correct, but I've heard on numerous occasions various
city officials talk about their concem about developing new
subdivisions, new residences, so that more children can move
into the districts of both Livonia and Clarenceville, so I bring it
up as a point. And you're right, there are some passing on of
expenses, but we obviously have to make a development that is
compatible with the neighborhood, especially directly across the
street, so there are certain financial aspects thatwe look at.
Mr. La Pine:
Well, let me ask you this: the homes you are going to build, are
they going to be compatible in sizes and prices of the houses
across the street?
Mr. Kokenakes:
They would be compatible. That's coned. There would
probably be some additional architectural details.
Mr. La Pine:
I'm saying as far as price -wise, basically.
Mr. Kokenakes:
I cant really confirm that in the sense that the pricing and all
that has not been determined, but we're getting into those
issues of what additional costs we will have in developing this
site.
Mr. La Pine:
I would assume they're going to be a little more expensive
because of the fact building material, labor costs and things of
that nature have gone up.
Mr. Kokenakes:
That's reasonable.
Mr. LaPine:
Okay. Thank you.
Mr. McCann:
Is there anybody in the audience that wishes to speak for or
against this petition? Seeing no one, I'm going to give Mr.
Kokenakes the last opportunity to speak on this.
Mr. Kokenakes:
Just a final comment. I'm not surprised that some of the
Commissioners had the suggestion of R-4 zoning. I was
relatively prepared for that type of inquiry. I do believe that
fundamental fairness does allow that this development should
mirror the development across the street in regard to the zoning.
I believe that the thought that tie eleventh lot is somehow going
20369
to askew the view of this area is subjective. We have extra
land. This is the roadway in. We have the extra land on the
side, and it seems to me this plan is reasonable and that most
people would, in fad, like to have bts that are 132 feet in depth
and not another five feet off for the road. And thafs a real
positive. I dont want to reiterate, but I believe that the Planning
Commissions'decisionbefore was appropriate. Thankyou.
Mr. McCann: The public hearing is closed. A motion is in order.
On a motion by Mr. La Pine, itwas
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-01-12 submitted by Frank J. Kokenakes, on
behalf of General Properties Company, LLC, requesting to
rezone property located on the west side of Sunset Avenue
between Kenwood Court and Eight Mile Road in the Northwest
% of Section 2 from RUFA to R-3, the Planning Commission
does hereby recommend to the City Council that Petition 2003-
04-01-12 be approved subject to the following conditions:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding zoning and land uses in the
area, and especially across the street from this petition;
2. That the proposed change of zoning is a logical extension
of an existing zoning district in the area immediately to the
south of the subject property;
3. That the proposed zoning district will provide for
development of the subject property for single family
residential purposes in a compatible manner with other
developed properties in the area; and
4. That the proposed zoning district will allow for lot sizes that
will be consistent with lots in Sunset Subdivision on the
east side of Sunset Avenue directly across from the subject
property; and
5. That no more than 10 homes shall be built on this 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.
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Mr. McCann: I don't know that we can condition the zoning.
Mr. LaPine: Well, ifyou can't, then I will withdrew my motion.
Mr. McCann: But it will come back for a preliminary plat and we can condition
it at that point. If we make them aligning, it would reduce it to
len lots; or if it went as a site condominium, we'd also have the
opportunity to develop that. Mark, can we limit it?
Mr. Taormina: Al this time, no. I would advise against trying to impose any
conditions as part of the rezoning.
Mr. La Pine: Then l withdrew my motion.
Mr. Piercecchi: Mr. Chairman, inasmuch as we can't resolve this thing by a
motion, I'd like to move that we table this item and go through
with the actions one more time.
On a motion by Mr. Piercecchi, it was
RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2003-04-01-12 submitted by Frank J.
Kokenakes, on behalf of General Properties Company, LLC,
requesting to rezone property located on the west side of
Sunset Avenue between Kenwood Court and Eight Mile Road in
the Northwest % of Section 2 from RUFA to R-3, be tabled.
Mr. McCann:
Is there support?
Mrs. Smiley:
Are they going to redrew it?
Mr. Piercecchi:
We're going to study it. That's all.
Mr. McCann:
The problem with redrawing doesn't matter because he's not
bound by any of the drawings. This is strictly zoning. Its a
question of what the proper zoning is. Is there a second for the
motion to table? Motion fails for lack of support.
Mr. Shane:
I will repeat Mr. LaPine's motion absent his reason number five.
On a motion by
Mr. Shane, seconded by Mr. LaPine, and unanimously adopted,
R was
#05-67-2003
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-01-12 submitted by Frank J. Kokenakes, on
20371
behalf of General Properties Company, LLC, requesting to
rezone property located on the west side of Sunset Avenue
between Kenwood Court and Eight Mile Road in the Northwest
''/ at Section 2 from RUFA to R-3, the Planning Commission
does hereby recommend to the City Council that Petition 2003-
04-01-12 be approved for the following reasons:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding zoning and land uses in the
area;
2. That the proposed change of zoning is a logical extension
of an exisfing zoning district in the area immediately to the
south of the subject property;
3. That the proposed zoning district will provide for
development of the subject property for single family
residential purposes in a compatible manner with other
developed properties in the area; and
4. That the proposed zoning district will allow for lot sizes that
will be consistent with lots in Sunset Subdivision on the
east side of Sunset Avenue directly across from the subject
property.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions at Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. McCann: Is there any discussion?
Mr. Piercecchi: What was number five, limiting the number of homes?
Mr. McCann: He made that motion with number five.
Mr. Shane: I think the petitioner has made a reasonable, logical case for R-
3 zoning. I think it would be compatible to adjacent zoning in
the area. I see no reason for notsupporfing this petition.
Mr. Piercecchr I, loo, share Commissioner La Pine's feeling that one side of the
street is R-3, the other side be too. I went through a lot of
scenarios with it, too. Lets just say you really wanted to match
up, I use that tens but I dont mean exactly matching up. But
lets say we take the 87 foot. Using that logic, you could gel ten
units in there. That what you'd gel because you have 922 feet
and 10 units at 87 feel is 870 feel. If it comes back to us, that
20372
something we should consider. There seems to be a lot of
opposition to 11 units on that street. The 87 feet gives you len,
unless you lose a lot, then you're at nine. With the different
regulations today with water, a lot of people are giving up lots.
Mr. McCann: Yes, I agree. I think there are some issues, but they can be
addressed at either site plan or site condo review.
A roll call vote on the foregoing resolution resulted in the following:
AYES:
LaPine, Shane, Smilley, Pieroecchi, McCann
NAYS:
Alanskas
ABSENT:
Walsh
Mr. McCann, Chairman, declared the
motion
is carried and the
foregoing
resolution adopted. It
will go
on to City Council
with an
approving resolution.
ITEM #3 PETITION 2003-04-02-06 BILL BROWN FORD
Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition
2003-04-02-06 submitted by Bob Gunnigle, on behalf of Bill
Brown Ford, Inc., requesting waiver use approval for temporary
storage and display of a maximum of 450 new cars and trucks
in the parking lot of Wonderland Mall located at the southwest
comer of Middlebell and Plymouth Roads in the Northeast %of
Section 35.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
Mr. Nowak: There are four items of correspondence. The first item is from
the Engineering Division, dated April 14, 2003, which reads as
follows: "Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. We have no objections
to the proposal at this time. No additional right -0f -way
dedication is required at this time. We are assuming that the
petitioner will restrict his operations to the lots contained in the
descriptions of parcels 1 and 11 so as not to interfere with the
continued operations of the Target Store, the bank, the White
Castle and the businesses who use the east end of the
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complex. We suggest that delivery traffic of vehicles be
restricted to the three easterly drives from Plymouth Road and
the northerly drive from Middlebelt Road." The letter is signed
by Robert J. Schron, P.E., City Engineer. The second letter is
from the Livonia Fire & Rescue Division, dated April 16, 2003,
which reads as follows: 'This office has reviewed the site plan
submitted in connection with a request by Bill Brown Ford, Inc.,
to temporarily store and display a maximum of 450 new cars
and trucks in the parking lot of Wonderland Mall located on the
southwest corner of Middlebelt and Plymouth Roads in the
Northeast 1/4 of Section 35. We have no objections to this
proposal with the following stipulations: (1) Reasonable access
is provided for fire equipment. (2) Storage does not block
access to any fire hydrants. (3) Recommend that vehicles be
separatedinto reasonably sized groups." The letter is signed by
James E. Corcoran, Fire Marshal. The third letter is from the
Division of Police, dated April 21, 2003, which reads as follows:
"We have reviewed the plans in connection with a proposal Por
temporary storage and display of new cars and trucks in the
parking lot at Wonderland Mall. We have no objections to the
plans as submitted." The letter is signed by Wesley McKee,
Sergeant, Traffic Bureau. The fourth letter is from the
Inspection Department, dated April 15, 2003, which reads as
follows: "Pursuant to your request of April 11, 2003, the above -
referenced petition has been reviewed. This Department has no
objection to temporary storage and display at this location." The
letter is signed by Alex Bishop, Assistant Director of Inspection.
That is the extent of the correspondence.
Mr. McCann: Is the petitioner here this evening?
Bob Gunnigle, Bill Brown Ford, Inc., 32222 Plymouth Road, Livonia, Michigan
48150.
Mr. McCann: What would you like to tell us?
Mr. Gunnigle: We're here to request a waiver use for the display of new
vehicles at the Wonderland Shopping center. As most people in
Livonia know, we stored vehicles at the George Bums Theatre
for a number of years and it served some good purposes. One,
R made a wonderful display for us and it also made very good
use of property located in the City of Livonia and improved the
appearance of that intersection. If you happened to drive by
there two days after we took the vehicles oft, before the George
Bums Theatre was crushed, you saw how ratty it looked. It
would have looked that way for years without us being there.
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I'm not saying that Wonderland looks that way now, but I think
the appearance of our vehides there improves the appearance
of that location. It certainly is a viable business purpose and it
makes that particular shopping center look better used. So
we're here requesting your approval for us to display vehides
there.
Mr. McCann:
Do you have a copy of your sign package for this location?
Mr. Gunnigle:
I dont have one.
Mr. McCann:
Thank you. That's what l wanted to hear.
Mr. Piercecchr
I have a question and a comment, Mr. Gunnigle. Do you have a
long -tern solution? What if you lose these parking privileges at
Wonderland? What's next? A neighbor of mine said, 'What are
we going to do? Move one eyesore to another location?" And
he's got a point there. Aesthetically, if I can touch on that, when
I was over there a couple days ago with my colleague, Mr.
LaPine, we both thought that the southeast and southwest of
the Wonderland lot was more favorable. You wouldn't have the
cars just sifting there on Plymouth Road making a parking lot
out of R. In the bade, you could hide them.
Mr. Gunnigle:
I beg your pardon?
Mr. Piercecchr
Basically, if you wished to, you could hide cars in the back
because there's so much space there. But obviously you're
looking for display here, too.
Mr. Gunnigle:
Absolutely. We're here merchandising vehicles. And if I put
them in the back there, people won't see them. I could find
another storage space in the City, back where you couldn't see
the vehicles.
Mr. Piercecchr
To repeal my question, what long-term solution do you have
when your parking privileges are exhausted here at
Wonderland? And its going to exhaust because, as I
understand, its on a month -m -month basis.
Mr. Gunnigle:
P�adty.
Mr. Piercecchi:
We added some language in our motion in reference to the
duration. What long-term plan do you have?
Mr. Gunnigle:
We look at every piece of properly.
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Mr. Piercecchr First you used the George Bums property.
Mr. Gunnigle: Right.
Mr. Piercecchi: And when that was gone, you moved to Wonderland. Now
when Wonderland is gone, what next?
Mr. Gunnigle: We look at every piece of property that becomes available that
looks like it would be good display properly on the major
corridors, Plymouth Road and Farmington Road, which makes
sense for us to display on. And we've yet to find one that is
good display that we can afford. Obviously, the George Burns
property was a wonderful display but it was way too expensive
for vehicle storage. So we continue to look. We've looked at
lots and lots of properties.
Mr. Piercecchr In other words, you have no other site after this one?
Mr. Gunnigle: Not display site, no. So if this goes away next month, then we'll
be storing vehicles behind buildings. There's someone on Stark
Road that offered us storage behind what used to be Erb
Lumbers place there. But that's where you cant see them and
that's a security problem there, greater than the one we have
now.
Mr. Piercecchi: The storage and/or display features ... does one dominate the
other? Is it really display you wish or storage?
Mr. Gunnigle: I use the terms interchangeably. I need to store them but I also
would like them displayed while they are being stored.
Mr. Piercecchr But you have no solution to your long-term storage as of now?
Mr. Gunnigle: That is correct. If we had it, we would be there.
Mr. Piercecchr I'm surprised you didn't buy that George Bums properly years
ago.
Mr. Gunnigle: That was pretty expensive. Ten years ago it was way too
expensive for what we could do with it.
Mr. Piercecchr $2.2 million ilwas a few years ago.
Mr. Gunnigle: It sounds pretty expensive to me.
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Mr. Piercecchr
That's a lot of acreage.
Mr. Alanskas:
In continuation of what Mr. Pieroecchi said, Bill Brown Ford
would not consider reducing its inventory by 450 units? You
always want to have at lead those somewhere? You would not
have a lesser inventory?
Mr. Gunnigle:
Absolutely. Right now we have on the ground in Livonia, and
you cant see this because a lot of them are parked in places
that are hard to see, we have 500 new vehicles behind our used
car facility on Wayne Road. You cant see them unless you
drive in behind the building. So we have on the ground right
now 2,100 new vehicles.
Mr. Alanskas:
Do most dealerships have that many vehides or do you just
have more?
Mr. Gunnigle:
We have more. We're one of the largest Ford dealers. We're
the eighth largest volume Ford dealer in the country. We
normally don't carry this many vehicles, but in February, Ford
came to us and asked up to buy an additional 500 vehicles in
February and March to help keep their plants running. So we
did. So that's one of the reasons why we have lots of vehides
now.
Mr. Alanskas:
All right, thank you.
Mr. LaPine:
Bob, if you will remember, I mentioned to you that Wonderland
might be a spot where you could store your cars.
Mr. Gunnigle:
Yes, sir.
Mr. LaPine:
But, I think I also told you that the spot I wanted was behind
Wonderland, not along Plymouth Road. All we're moving is one
parking lot from Plymouth Road and Farmington to Middlebell
and Plymouth Road. To me, that's not acceptable. Why can't
we put those cars behind the building?
Mr. Gunnigle:
I looked into that.
Mr. La Pine:
Let me just go on. You keep saying you want display.
Mr. Gunnigle:
Sure.
Mr. LaPine:
You're not selling cars there. I checked out the Terrace
Theater. Mr. Pieroecchi and I went out there. When you came
20377
Mr. Gunnigle: I was told that I shouldn't even consider storing vehicles behind
this property at Wonderland because the neighbors to the south
objected to other people wanting to store vehicles there. With
respect to displaying vehides as opposed to having them stored
behind somewhere where people can't see them, sure. The
more exposure they have, the better opportunity you have to
sell the vehide. Truthfully, it is a positive thing for Bill Brown
Ford and for Livonia to have people in Livonia and other people
come to Livonia to buy Ford products from us. It provides jobs;
it pays taxes. There's nothing wrong with this concept in our
estimation.
Mr. La Pine: Well, in my estimation, there is because you're trying to create
now three different display areas in the City. Tell me what other
car dealer in the City has that many displays? Tennyson
Chevrolet only has one location. The Buick dealership only has
one location. The Volkswagen dealership only has one location.
I'm not opposed to you having the cars there. I'm opposed to
in at the Terrace Theater, that was going to be a used car lot.
And then the big window says "used cars" That's what it says
there. Ninety percent of the cars parked there are brand new
cars.
Mr. Gunnigle:
No, no.
Mr. La Pine:
Oh yeah. We went out there and checked R.
Mr. Gunnigle:
I understand that. But let me .. there's a misconception here.
Our petition was for new vehicle storage, a body shop and used
vehides. Righlfrom the get -go.
Mr. La Pine:
Well, that's not the way I understood it, but that's not here nor
there. You've got a display shop there where people can look at
cars. Before you had the George Burns Theater, you had all
those cars parked behind your building north of the Bill Brown
dealership. You've got hundreds of cars parked back there.
How many places do you need to shoe cars? There's only so
many models made. They look at the models there. They pick
out which car they want. You look at your inventory and you
find out if you've got one stored around town, and they can go
and get them. I don't understand why we have to have three or
four locations to display your automobiles. I always thought this
was for storage. You had so many cars, and you had
someplace to store them because you didn't have enough room
at your dealership.
Mr. Gunnigle: I was told that I shouldn't even consider storing vehicles behind
this property at Wonderland because the neighbors to the south
objected to other people wanting to store vehicles there. With
respect to displaying vehides as opposed to having them stored
behind somewhere where people can't see them, sure. The
more exposure they have, the better opportunity you have to
sell the vehide. Truthfully, it is a positive thing for Bill Brown
Ford and for Livonia to have people in Livonia and other people
come to Livonia to buy Ford products from us. It provides jobs;
it pays taxes. There's nothing wrong with this concept in our
estimation.
Mr. La Pine: Well, in my estimation, there is because you're trying to create
now three different display areas in the City. Tell me what other
car dealer in the City has that many displays? Tennyson
Chevrolet only has one location. The Buick dealership only has
one location. The Volkswagen dealership only has one location.
I'm not opposed to you having the cars there. I'm opposed to
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where you're putting them. We spent a lot of money on
Plymouth Road to beautify it. And in my opinion, you say, "oh, it
makes it look good." I dont think so. I think new people coming
into Livonia, they drive in and say, "Oh, my god, they have a
parking lot here" They're building a new big project right across
the street from Wonderland, the new Walgreens. It just doesn't
seem logical that you would have all those cars parked. And
then when I go out there and look at them, you have them as
close as you can to Plymouth Road. There's no way we can
police that. I cant police that. The City isn't going to police that.
You heard tonight, there were cars out there. Mark was out
there. I was out there. And they are loo dose to Plymouth
Road. They are not 20 feel back from Plymouth Road.
Mr. Gunnigle:
You know what we did. We put them in the available parking
spots as they were designed. So we will take a look at getting
them off Plymouth Road.
Mr. La Pine:
See, that's the point. Once you gel it, who is going to police it?
You can put them anywhere you want. I'm not opposed to it
being here. It's just that I think the location is the wrong location
right on Plymouth Road. That's my personal opinion. I might be
the only one to vole against this, but that's the way I feel. Thank
you, Mr. Chairman.
Mrs. Smiley:
Is it also a security matter, sir, that you want to park them on
Plymouth Road as opposed to behind the building?
Mr. Gunnigle:
Absolutely.
Mr. McCann:
Is there anybody in the audience that wishes to speak for or
against this petition? I don't see anybody. In a way, I
understand what Mr. Gunnigle is saying. You really saw what
the abandoned property like the Mai Kai looked like when they
removed the cars. I'm not saying the cars there were a
blessing, but it beat a vacant parking lot with weeds growing in
it. It had a blighted look to it and we're getting that a little bit.
But I am concerned about the cars getting too tight out there.
Would there be a solution on this? I see what you're saying.
Restrict it so there is no parking in the first row of the lot that
abuts Plymouth Road and Middlebelt Road to kind of deaden
the impact a little bit.
Mr. LaPine:
Its still my gut feeling. I just don't think that's the right thing we
should use it for, a parking lot. I understand we said in the
motion two years. But when he originally moved to the Mai Kai
20379
location, that was supposed to be a short term situation. And
then we get two years. He comes in, we give him another year.
Then two years, he gets another year. I mean Wondedand is
not going to be tom down and new construction done in the next
two years in my opinion. Its going to be a long term operation
and it's going to take a little time. I have no objection to the cars
being parked here. Lel me ask you this question. All the
vehicles you have there, you say you want them for sales
reasons. What if you put two or time of each make out there
and put the rest in the back? You have so many different
vehides, different trucks, so many models. Maybe there are 20
models. I don't know how many different models Ford Motor
Company has. And you put five or six each of hose out on
Plymouth Road and Middlebell so they can be seen and the rest
are behind the building. Is that a solution?
Mr. Gunnigle:
One of the things that you do with a volume display, a large
display, is you let people know you have a terrific selection.
That's one of the reasons we have it there. When we originally
put vehicles down at the George Burns Theatre, I had a
personal friend come by and said, "I saw your vehicles at the
George Bums Theatre" We had under 300 vehicles there. And
he told rte, "I wasn't aware you were such a large dealership."
Now, when I told him that was about a third of our inventory, it
surprised him. It's really important for people to see that you
have a large selection, and this is a good place to go if you want
to be able to pick out what you want in terms of personal choice
in a vehide. So that's why we like to have a large display.
Mr. La Pine:
But the point is, you only have so many models. Cant they look
at the model? I dont care if you have one color of every model
you own, you dont have to have them all out there in front, do
you?
Mr. Gunnigle:
If I did the permutations, we'd probably have 450 out there
anyway, Mr. La Pine.
Mr. La Pine:
Okay.
Mr. Alanskas:
Do you have a problem taking your front row of cars and putting
them in back?
Mr. Gunnigle:
Mr. Taormina is pointing out that it's not within the ordinance
anyway, so I need to move them. Right?
Mr. Taormina:
That is correct.
20380
Mr. Gunnigle:
So we'll take them out of there. Sure.
Mr. Alanskas:
I'm sorry. What?
Mr. Gunnigle:
We'll take them out of there. The only reason they were there is
because we parked the cars in available slots.
Mr. Alanskas:
If you just move that front row back so you'd have 20 feet off
Plymouth Road before we start seeing cars.
Mr. Gunnigle:
Sure, we can do that.
Mr. Alanskas:
I mean that would help somewhat. Okay. Thank you.
Mr. McCann:
I'm going to dose the public hearing if there is no one in the
audience wishing to speak. Any last comments, Mr. Gunnigle?
Mr. Gunnigle:
No, I appreciate your consideration. Thanks for hearing me out.
Mr. McCann:
A motion is in order.
On a motion by
Mrs. Smiley, seconded by Mr. Alanskas, and adopted, ilwas
#05-68-2003
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-02-06 submitted by Bob Gunnigle, on behalf of
Bill Brown Ford, Inc., requesting waiver use approval for
temporary storage and display of a maximum of 450 new cars
and trucks in the parking lot of Wonderland Mall located at the
southwest comer of Middlebell and Plymouth Roads in the
Northeast % of Section 35, the Planning Commission does
hereby recommend to the City Council that Petition 2003-04-02-
06 be approved subject to the following conditions:
1. That the maximum number of vehicles to be displayed or
stored on the site at any one time shall be limited to 450;
2. That the display or storage of vehicles shall occur only
within the designated area in the northeasterly portion of
the Wonderland Mall parking lot as shown on the site plan
submitted with this request;
3. In accordance with the provisions of the Zoning Ordinance
pertaining to this use, no vehicles shall be displayed or
20381
stored within 20 feet from the Plymouth Road or Middlebelt
Road rights -0f --way;
4. That this approval shall incorporate the following
comments listed in the correspondence dated April 16,
2003 from the Fire and Rescue Division:
- Reasonable access shall be provided for fire
equipment;
- Storage shall not block access to any fire hydrants;
- Vehicles shall be separated into reasonably sized
groups;
5. As recommended in the correspondence dated April 14,
2003 from the Engineering Division, delivery trucks and car
haulers shall be restricted to the three easterly drives from
Plymouth Road and the northerly drive from Middlebelt
Road;
6. That this approval is granted for a period of two years only
from the dale of approval of this pefition by the City
Council; and
7. The Petitioner shall submit a letter of understanding to the
City acknowledging the temporary nature of this waiver use
and the fact that it will terminate on the date provided
herein, unless it is approved by a resolution of the City
Council to extend or renew the waiver use upon fling of a
request for same by the Petitioner prior to the expiration
date.
Subject to the preceding conditions, this petition is approved 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; and
3. That the proposed use is compatible to and in harmony
with the adjacent uses in the area.
20382
Mr.Shane: Okay. Thank you.
Mr. McCann: Oh, on the waiver use. Thank you, Mr. Shane.
Mr. McCann: As long as its part of your agreement.
Mr. LaPine: Mr. Shane answered my question. I always thought the waiver
use went with the land, but if he is going to limit it to two years,
he can't get an extension on the waiver use unless the Council
approves it? Is that right.
Mr. Taormina: In this case, that is correct. He would have to seek an
extension of the waiver use.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. McCann:
Mr. Gunnigle, I have one concern before we vote on this. I
understand when we remove it from the right -0f -way, the
parking spots are 20 feel in depth. You may only lose half of a
10 foot spot. I dont want to be driving down the road and see
the side of all the cars parked sideways. I'd prefer that if they
are not going to fl into a proper marked spot, that we just don't
create a line of cars coming down parallel to Plymouth Road.
Mr. Gunnigle:
No, we wouldn't do that.
Mr. McCann:
All right. Just so we have you on the record because right now
the parking spots are perpendicularlo Plymouth Road.
Mr. Gunnigle:
Correct.
Mr. McCann:
And you'd have to back it up about len feet in order to meet the
20 fool requirement. I just don't want you to put them in
sideways. It would look odd to me to see a line of cars parked
liked that.
Mr. Gunnigle:
I promise you I'm not into odd looking displays, Mr. McCann.
Mr. Shane:
Mr. Gunnigle, you have agreed to the two year limitation.
Mr. Gunnigle:
Yes, Mr. Shane.
Mr.Shane: Okay. Thank you.
Mr. McCann: Oh, on the waiver use. Thank you, Mr. Shane.
Mr. McCann: As long as its part of your agreement.
Mr. LaPine: Mr. Shane answered my question. I always thought the waiver
use went with the land, but if he is going to limit it to two years,
he can't get an extension on the waiver use unless the Council
approves it? Is that right.
Mr. Taormina: In this case, that is correct. He would have to seek an
extension of the waiver use.
20383
Mr. La Pine: Okay. Let the record show that I'm not opposed to the cars
being parked there. My opposifion is to the location of the
vehicles.
Mr. Piercecchi: I share that opinion. That's why I'm voting "no" because of item
number two. It states that this "shall occur only within the
designated area in the northeasterly porfion."
A roll call vote on the foregoing resolufion resulted in the following:
AYES:
Smiley, Alanskas, Shane, McCann
NAYS:
La Pine, Piercecohi
ABSENT:
Walsh
Mr. McCann, Chairman, declared the
motion
is carried and the
foregoing
resolufion adopted. It
will go
on to City Council
with an
approving resolution.
ITEM #4 PETITION 2003-04-02-07 M&M Enterprises (Quizno's)
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition
2003-04-02-07 submitted by Mark Lambert, on behalf of M & M
Enterprises of Michigan, requesting waiver use approval to
operate a limited service restaurant (Quizno's Subs) on property
located on the north side of Seven Mile Road between
Farmington and Norwich Roads (33602 Seven Mile) in the
Southeast %of Section 4.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
Mr. Nowak: There are five items of correspondence. The first item is from
the Livonia Fire & Rescue Division, dated April 23, 2003, which
reads as follows: "This office has reviewed the site plan
submitted in connection with a request to operate a limited
service restaurant located at the above -referenced address.
We have no objections to this proposal." The letter is signed by
James E. Corcoran, Fire Marshal. The second letter is from the
Division of Police, dated May 7, 2003, which reads as follows:
"We have reviewed the plans in connection with a proposal to
operate a limited service restaurant located on the north side of
20384
Seven Mile Road between Farmington Road and Norwich. We
subject the following observations for your consideration. The
site plan shows two handicap parking spaces on the property
near the storefront There is only one handicap parking space
and it is not property posted. A person using the handicap
parking space while in a wheel chair will not be able to get to the
entrance door of the proposed restaurant due to the front ends
of other parked vehicles hanging over the sidewalk along the
building front We recommend that a second handicap parking
space and ramp be installed in the front of the proposed
restaurant. There is a second handicap parking space behind
the building, but it is not practical for use by customers since
they would have to walk or wheel around to the front of the
building in order to access the door. On a recent Saturday
morning at 10.30 a.m., there were three employees working.
This left only seven parking spaces available for customers.
There is additional parking available on the north side of the
building. We recommend a sign be placed near the entrance
indicating additional parking in the rear." The letter is signed by
Wesley McKee, Sergeant, Traffic Bureau. The next letter is
from the Inspection Department, dated May 2, 2003, and
revised May 9, 2003, which reads as follows: "Pursuant to your
request of April 17, 2003, the above -referenced petition has
been reviewed. The following is noted. (1) As this is a change
in use group, this site will be required to be fully barrier free
compliant to include the entry door and entry access with proper
ramping. (2) This site with twenty seats plus employees
requires two bathrooms, one for men and one for women. This
will change their configuration substantially and should be
addressed now. (3) The parking lot needs repair, maintenance,
resealing and double striping. (4) The barrier free parking must
be property sized, marked and signed. (5) Maintain/replace
small berm landscaping east of lot entry. (6) There are two
unenclosed dumpsters in he rear existing. A Wood' enclosure
appears to be proposed for this site. This should be clarified.
(7) The chain fence at the northeast comer needs repair. (8) No
signage has been reviewed. This Department has no further
objections to this petition." The letter is signed by Alex Bishop,
Assistant Director of Inspection. There is a letter from a
resident received by the Planning Commission on May 14,
2003, which reads as follows: 7 am out of state and will be
unable to attend the May 20 meeting. 1 am strongly opposed to
the subject waiver. The proposed location of the Quizno store is
in a very small strip mall that backs up directly to several private
homes, including mine. The existing stores have daytime hours
and do not disturb residents in the evening. A Quizno store will
20385
have late hours and noise late at night. Itis unfair to existing
homeowners to allow this change. 1 am thanking you in
advance for reading my letter at the May 20 meeting." The
letter is signed by Joseph Ceru, 33895 Gable, Livonia,
Michigan. Lastly, there is a letter from the owner of the
shopping center, Dominic Soave, received on May 16, 2003,
which reads as follows: After Reviewing the report from the
Inspection Department, we will agree to repair parking lot,
re -stripe, and install additional handicap signs and ramps
according to code or direction from inspection department. The
cyclone fence has been repaired and new shrubs installed. In
addition, we have also seeded the right of way. We would
prefer to build a wood dumpster enclosure at this time. The
report from the haffic bureau states that there are only ten
parking spaces in front of building. According to the site plan
them is eighteen. 1 hope this will help the planning department
in coming to a favorable decision for the Quizno's sub shop
proposed for our building at 33602 West Seven Mile. If I can be
of any further assistance don't hesitate to let me know." That is
the extent of the correspondence.
Mr. McCann: Is the petitioner here this evening?
Mark Lambert, M&M Enterprises of Michigan, 8905 Houghton, Livonia, Michigan
48150.
Mr. McCann:
Is there something you would like to tell us about your petition?
Mr. Lambert:
Yes. We're aslang for a waiver to operate a Quizno's Sub Shop
at this location. All the issues that were brought up as far as
parking, Mr. Soave has agreed to handle those and meet the
requirements. As far as the noise issue from the one letter, we
close at 9:00 p.m. I would say that the majority of business is
done before 7:00, so the noise would only be from cars pulling
up to the front on a limited basis. We have four employees, so I
don't see where there would be any problem as far as noise
affecting the residents. There is a brick wall that's 12 foot tall
behind our building. So I don't see how the noise is going to
affectanybody.
Mr. McCann:
Are there any questions from the Commissioners?
Mr. Alanskas:
On the site plan, it says "place toaster oven away from sneeze
guard" Can you tell me what a "sneeze guard" is? I'm pretty
sure I know what it is but I want to make sure. Is that so when
employees sneeze, it doesn't go on the food?
20386
Mr. Lambert: Actually, ifs not the employees, ifs the customers. When you
come into a Quiznos, you have a line that you follow going
through. As you're placing your order, you have to talk to the
order maker. So there is a clear, plexiglass guard there, so if a
customer sneezes, it wont gel on the food.
Mr. Alanskas: Okay. Thank you.
Mr. Piercecchi: You said 9:00 is the closing time. Is that cast in cement?
Mr. Lambert: Yeah. The Quizno's hours ... they open at 11:00 a.m. and they
close at 9:00 p.m. Of course, we have people there before
11:00 to do food prep. We open about 8:00 with a minimum
crew to do food prep and after 9:00 it would be the deanup,
which would probably be two people in the store atthattime.
Mr. Piercecchi: What is your busiest time flame?
Mr. Lambert: 1100 to 2:00 is the busiestfime for fundi.
Mr. Piercecchr But at 9:00 for sure, you're closed down.
Mr. Lambert: Yes. We are restricted by Quizno's as far as to how our hours
go, but that is how it is. If there was a problem, we would have
to come back and gel authorization.
Mr. Piercecchr Thankyou.
Mr. La Pine: Two things. I talked to the owner of the properly and he's
agreed to put up a masonry trash receptacle so we have no
problem there. As far as the operation, 9:00 is fine. Apparently,
this letter from a homeowner, and I happen to live in that
subdivision right there. Apparently this guy is not an original
homeowner because for years and years we had a Little
Caeser's in there. Little Caeser's was open to 11:00 at night
and there never was a problem as far as I know, because by
that time, everything is closed in there, except we have a 'kung
fu" type store. I dont know what time they close. I dont see a
problem at all. Thankyou, Mr. Chairman.
Mrs. Smiley: Are there always two people there?
Mr. Lambert: A minimum of two people.
Mrs. Smiley: Good.
20387
Mr. McCann:
Is there anybody in the audience that wishes to speak for or
against this petition? Mr. Lambert, do you have any last
comment?
Mr. Lambert:
No, other than I look forward to opening my restaurant in
Livonia. I'm a long time resident. I think it will benefit the area
and the businesses that are in that mall.
Mr. LaPine:
I assume you're going to have a sign on the front of the building,
plus one of those panels in the free-standing sign.
Mr. Lambert:
Yes, sir.
Mr. McCann:
I'll close the public hearing. A motion is in order.
On a motion
by Mr. Pieroecchi, seconded by Mr. LaPine, and unanimously
adopted, it was
#05-69-2003
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-02-07 submitted by Mark Lambert, on behalf of
M & M Enterprises of Michigan, requesting waiver use approval
to operate a limited service restaurant (Quimo's Subs) on
property located on the north side of Seven Mile Road between
Farmington and Norwich Roads (33602 Seven Mile) in the
Southeast % of Section 4, the Planning Commission does
hereby recommend to the City Council that Petition 2003-04-02-
07 be approved subject to the following conditions:
1. That the number of customer seats shall be limited to no
more than 20 seats;
2. That the following issues as outlined in the correspondence
dated May 9, 2003, as revised, from the Inspection
Department shall be resolved to that department's
satisfaction:
- Repair, maintenance, resealing and double striping of
the parking lot;
- Maintenance and/or replacement of landscaping east of
the lot entry driveway;
- Repair of the chain link fence at the northeasterly
comer of the site;
- This space shall be fully barrier free compliant,
including the entry door and entry access with proper
grading, since this is a change in use group;
The restaurant shall provide two bathrooms as required
based upon the number of seats plus employees;
A dumpster enclosure shall be provided in the rear
parking area which shall be constructed of brick or
reinforced poured concrete walls with simulated brick
pattern and with wood or metal endosure gates whidi
shall be properly maintained and, when not in use,
closed at all times;
That this approval shall incorporate the following
recommendations listed in the correspondence dated May
7, 2003, from the Traffic Bureau ofthe Division of Police:
- A second handicapped parking space and ramp shall
be installed in the front of the proposed restaurant;
- A sign shall be placed near the entrance indicating that
additional parking is available at the rear of the site.
Subject to the preceding conditions, this petition is approved 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; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. McCann, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an approving
resolution.
20389
ITEM #5 PETITION 2003-04-02-08 CVK Enterprises (Quizno's)
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petiton
2003-04-02-08 submitted by Vijay Kapadia, on behalf of CVK
Enterprise LLC, requesting waiver use approval to operate a
limited service restaurant (Quizno's Subs) in the New Five
Village Plaza shopping center located on the south side of Five
Mile Road between Newburgh Road and Blue Sides Avenue
(37621 Five Mile) in the Northeast %of Section 19.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
Mr. Nowak: There are four items of correspondence. The first item is from
the Engineering Division, dated April 30, 2003, which reads as
follows: "Pursuant to your request, the Engineering Division has
reviewed the above-refemnced petition. We have no objections
to the proposal." The letter is signed by John P. Hill, Assistant
City Engineer. The second letter is from the Livonia Fire &
Rescue Division, dated April 23, 2003, which reads as follows:
"This office has reviewed the site plan submitted in connection
with a request to operate a limited service restaurant located at
the above -referenced address. We have no objections to this
proposal." The letter is signed by James E. Corcoran, Fire
Marshal. The third letter is from the Division of Police, dated
May 7, 2003, which reads as follows: We have reviewed the
plans in connection with a proposal to operate a limited service
restaurant in the area of Five Mile and Newburgh. We have no
recommendations concerning this proposal" The letter is
signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth
letter is from the Inspection Department, dated May 2, 2003,
which reads as follows: "Pursuant to your request of April 22,
2003, the above -referenced petition has been reviewed. The
following is noted. (1) As this is a change in use group, this site
will be required to be fully barrier free compliant to include the
entry door and entry access with proper ramping. (2) At the
entry, the lower solider brick course need tuck -pointing. (3) The
parking lot needs double striping and repair in certain areas
(settled trenches for lighting, etc.). (4) There are many
unenclosed dumpsters at the rear of this site. What provision
has been made for this site for trash? (5) There are south rear
exit doors on this center that need maintenance or to be
replaced. This Department has no further objections to this
20390
petition." The letter is signed by Alex Bishop, Assistant Director
of Inspection. That is the extent of the correspondence.
Mr. McCann:
Is the petitioner here this evening?
Vijay Kapadia,
CVK Enterprise, LLC, 43726 Stuart Drive, Canton, Michigan
48187.
Mr. McCann:
Do you want to tell us anything more about your restaurant?
Mr. Kapadia:
We'd just like to gel waiver use approval from you. Wed like to
open the business pretty soon.
Mr. McCann:
Are there any questions from the Commissioners?
Mr. Alanskas:
Sir, are you going to have your own dumpster in the back?
Mr. Kapadia:
Yes, we can arrange for that.
Mr. Alanskas:
How many times a week will you be having that dumped?
Mr. Kapadia:
It will be a maximum of two.
Mr. Alamkas:
The reason why I ask is because I work for the bank there three
days a week, and I have to take trash out Monday, Wednesday
and Friday. And due to the restaurants there, a lot of times
theyll get so busy that the dumpster will be full. They'll take
trash bags and put them right on the driveway in the back, and
it's a total mess.
Mr. Kapadia:
It won't happen.
Mr. Alanskas:
Well, that's what they've said also. What happens is a lot of
employees when they want to put trash in the dumpster, if
they're puffing a box in a dumpster instead of breaking it down
small, they just throw the entire box in there. Well, you put in
eight or ten boxes, that dumpster is full. So it's very important
that if you get approved, that you must keep that back rear
area dean at all limes because when a wind mmes by, it
blows these bags away. Then you've got trash all over, and
it's not fair to the neighbors and its not fair to the other
business people that do a good job of putting their trash out.
In fact, the bank has a lock on their dumpster so no one else
can go into that dumpster. I behoove you that you must keep
it clean at all limes, because if this petition is approved, I'm
20391
going to be policing your dumpster. And if that happens, I'm
going to tum you in. Thank you.
Mr. McCann:
Anybody else?
Mr. LaPine:
Will your hours be the same as the previous owners?
Mr. Kapadia:
Yes, the same as the previous owners.
Mr. LaPine:
Mark, I notice in the motion that they talk about the dumpster
back there, but I don't see anything about an enclosure as we
have in the other case. I noticed when I inspected back there,
there are a lot of dumpsters without enclosures. Why aren't
there any enclosures back them?
Mr. Taormina:
Well, it was probably never a requirement of the original site
plan for that center. There is a number of dumpsters back
there that are not endosed, but theyre not visible to the public
either. There is a screen wall on the opposite side of the
service drive adjacent to the rear of the building and then on
the opposite side is a church parking lot.
Mr. LaPine:
But doesn't the ordinance say you're suppose to have an
endosure? It doesn't say that if its not exposed to the public
you dont have to have one. I don't think it says that.
Mr. Taormina:
Site plan review standards stipulate that dumpsters are not to
be visible to the public. Our current practice is to have all
dumpsters screened with masonry enclosures. I don't believe
that was the practice a couple years ago.
Mr. LaPine:
Can we start here?
Mr. Taormina:
We could start with this particular petitioner. It would be
somewhat onerous to have this particular applicant screen all
12 or 14 of those dumpsters behind this shopping complex,
including everything from Fanner Jack all the way to this
space.
Mr. LaPine:
Thankyou.
Mr. Alanskas:
I can address that for you. On all those dumpsters, when the
truck comes in, they come in east and west. If it was endosed
facing the south, the truck could not come into an enclosure
and get back out. There's not enough room. So they pick up
from the side. Every time you go back there, a dumpster will
20392
be in a different location. It would be moved a fool or two this
way depending on how they drop it.
Mr. McCann:
Are there any other questions? Is there anybody in the
audience that wishes to speak for or against this petition?
Rick Fell, 37579
Five Mile Road. I own the Subway store in the center. My
concern is the duplication of another sub store in that center.
That center has an unique situation where they have two
landlords. When I went into this center, on my lease I had a
clause that said no competing sub stores or anything of my
type of business would be in that section. My landlord asked
me to speak for him tonight, as well as some of the other food
businesses there. We're concerned about what will happen in
having a duplicafing store coming into the center. Basically,
its a lose -lose siluaton because it reduces the revenue for
both stores. A good example is, you look at a lot of centers
around Livonia and you won't see two drugstores or two
grocery stores in the same center. For that reason, it is our
concern as far as putting in another sub store in that center.
Mr. LaPine:
I understand you said there are two separate owners of that
property?
Mr. Fell:
Correct. There are two landlords.
Mr. LaPine:
So the landlord you have is different from the landlord that
these gentlemen will have.
Mr. FNI:
Correct.
Mr. LaPine:
So therefore, the one landlord has no obligation because you
don't have an agreement with him?
Mr. FNI:
Right. Now, there's no problem with that. However, for the
reason of having that in there, it just reinforces the concern
about the duplication.
Mr. LaPine:
l understand what you're saying. Thank you.
Mr. Shane:
Is there a significant difference between the product that you
sell and the product that this other gentleman sells? I know
theyre both subs.
Mr. Fell :
I think they're basically sandwiches. However, how theyre
prepared is where it differs. I've never been to one, but from
20393
what I've read about them, they run the sandwiches through a
wanner and they are limited on the types of condiments that
go on the sandwiches compared to where we use fresh
condiments and a larger variety, but basically they're both
sandwiches.
Mr. Alanskas: I've been to both Quiznos and Subway. Of course, I go to
Rick's quite a bit. They are entirely different menus because
Quizno's has salads, hot soups, chili. So they both are a sub
shop, but they both have different products. Thank you.
Mr. McCann: I know Subway because my son orders the chicken soup.
Mr. Fell: We do offer soups as well and the salads. We're not just
sandwiches. I probably misspoke. I should have said that we
do offer a larger variety. We have the party subs. We have
platters. We have the salads and the soups. Our soups
generally though ran through the fall, winter and spring
months. And then in the summer we discontinue those
because the demand is reduced.
Mr. McCann: But doesn't Burger King want to park right across the street
from McDonalds, need to Wendy's across the street from
Arby's?
Mr. Fell: Well, that's true, but they're not in the same center. They're
across the street.
Mr. McCann: Okay, thank you, sir. Is there anybody else wishing to speak?
I'm going to close the public hearing. Any last comments, Mr.
Kapadia?
Mr. Kapadia: Yes. There is a difference. This one is toasted subs.
Mr. McCann: Okay. Yours are toasted.
Mr. Kapadia: They are toasted and they go through the oven. We have
different condiments and all this stuff also.
Mr.
McCann:
And Burger King's are flame broiled.
Mr.
Piercecchi:
All these people with knowledge aboutfood.
Mr.
McCann:
When you've got kids, you get to know all this. A motion is in
order.
20394
On a motion by Mr. Shane, seconded by Mr. La Pine, and unanimously adopted,
it was
#05-70-2003 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-02-08 submitted by Vijay Kapadia, on behalf of
CVK Enterprise, LLC, requesfing waiver use approval to operate
a limited service restaurant (Quizno's Subs) in the New Five
Village Plaza shopping center located on the south side of Five
Mile Road between Newburgh Road and Blue Sides Avenue
(37621 Five Mile) in the Northeast''/.of Section 19, the Planning
Commission does hereby recommend to the City Council that
Petition 2003-04-02-08 be approved subject to the following
conditions:
1. That the number of customer seats shall be limited b no
more than 30 seats;
2. That the following issues as outlined in the correspondence
dated May 2, 2003, from the Inspection Department shall
be rectified to that department's safisfaction:
- This space shall be fully barrier free compliant,
including the entry door and entry access with proper
grading, since this is a change in use group;
- At the entry, the lower soldier course needs tuck -
pointing;
- The parking lot needs double striping and repair in
certain areas;
- Where it is needed, south rear exit doors on this center
shall receive proper maintenance or be replaced.
3. That a dumpster shall be provided for the subject
restaurant and shall be emptied regularly as needed.
Subject to the preceding conditions, this petition is approved 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.
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2. That the subject site has the capacity to accommodate tie
proposed use; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. McCann: Is there any discussion?
Mr. Alanskas: Sir, what are your hours going to be?
Mr. Kapadia: The same.
Mr. Alanskas: You dose at 9:00. Is that six or seven days a week?
Mr. Kapadia: Seven days.
Mr. Alanskas: Thankyou.
Mr. McCann, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #6 PETITION 2003-04-02-09 RED ROBIN RESTAURANT
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition
2003-04-02-09, submitted by Ansam Restaurant Group, on
behalf of Red Robin Restaurant, requesting waiver use approval
to utilize a Class C Liquor License in connection with the
redevelopment of a full service restaurant at 16995 S. Laurel
Park Drive on property located on the south side of Six Mile
Road between -275 and South Laurel Park Drive in the
Northeast%of Section 18.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
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Mr. Nowak: There are four items of correspondence. The first item is from
the Engineering Division, dated April 30, 2003, which reads as
follows: "Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. We have no objections
to the proposal or legal description contained therein." The
letter is signed by John P. Hill, Assistant City Engineer. The
second letter is from the Livonia Fire & Rescue Division, dated
April 23, 2003, which reads as follows: "This office has
reviewed the site plan submitted in connection with a request to
operate a Class C liquor license in connection with the
redevelopment of a full service restaurant located on property at
the above -referenced address. We have no objections to this
proposal." The letter is signed by James E. Corcoran, Fire
Marshal. The third letter is from the Division of Police, dated
May 7, 2003, which reads as follows: "We have reviewed the
plans in connection with a proposal to operate a fullaervice
restaurant at the old Bill Knapps location on Six Mile Road and
South Laurel Park. We have no recommendations or objections
concerning this proposal." The letter is signed by Wesley
McKee, Sergeant, Traffic Bureau. The fourth letter is from the
Inspection Department, dated May 2, 2003, which reads as
follows: "Pursuant to your request of April 22, 2003, the above -
referenced petition has been reviewed. The following is noted.
(1) Repair south access drive as needed. Provide repair,
maintenance, resealing and double striping of all existing
parking areas as needed. (2) The landscaping should be
updated to replace dead and unsuitable trees and plants. The
irrigation should be tested prior to occupancy. (3) The ramping
from the parking lot to the sidewalk is unclear at this time and
will be reviewed by the field inspector. (4) No signage has been
reviewed, however, the petition will require a variance from the
Zoning Board of Appeals to have an additional wall sign (2')
and extra square footage. (5) The petition will also require a
waiver from Council, as there are several other Class C licenses
in the area. This Department has no further objections to this
petition." The letter is signed by Alex Bishop, Assistant Director
of Inspection. That is the extent of the correspondence.
Mr. McCann: Is the pefitioner here this evening?
John B. Carlin, Jr., Plunkett & Cooney, PC, 38505 Woodward, Suite 2000,
Bloomfield Hills, Michigan 48304. 1 am appearing on behalf of
the Ansam Restaurant Group. Also with me tonight is Victor
Ansam, President of the Group. The Ansara family has been in
business here in Livonia for over 20 years. They own the Big
Boy in the Newburgh Plaza. This will be a brand new Red
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Robin Restaurant. They are going to tear down the old building
and replace it with a new one as you heard Mr. Taormina
indicate. It's a full service restaurant with Class C license, beer,
wine and spirits, which is very typical of the other Red Robin
Restaurants. They have ten of them in the metropolitan Detroit
area at this time.
Mr. McCann:
Are there any questions from the Commissioners?
Mr. Alanskas:
You said there are 10 restaurants in the area. I've been to two.
Do they all have liquor licenses?
Mr. Carlin:
Yes, they do.
Mr. Alanskas:
What percent of sales is liquor in the restaurants?
Mr. Carlin:
Approximately 10 percent.
Mr. Alanskas:
So 90 percent is mainly food sales.
Mr. Carlin:
That is correct.
Mr. Alanskas:
So if you did not have a liquor license, could you survive at this
location?
Mr. Carlin:
No, wewould not do it without a liquor license.
Mr. Alanskas:
Thank you.
Mr. Piercecchr
Sir, this is a common question I'm going to ask you. What hours
do you plan to operate?
Vidor Ansara,
Ansara Restaurant Group, 39303 Country Club Drive, Farmington
Hills, Michigan 48331. Our typical hours are from 1100 in the
morning until midnight during the week and until 100 a.m. on
the weekends. Those would be the maximum hours.
Mr. Piercecchr
In regard to this Class C license, will you be serving the alcohol
only to seated guests in the restaurant or will you serve walk-in
guests in a bar atmosphere also?
Mr. Ansara:
We do have a small bar in the restaurant. We do have walk-up
service to the bar. There are seats at the bar. Its not a carry-
out type situation.
Mr. Piercecchr
Do you get much walk-in traffic without dinners?
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Mr. Ansara:
Very litlle actually. We're mainly a family-oriented restaurant.
We're a family -friendly, casual dining restaurant. A liquor
license is required not only by us but by our franchise. Mr.
Carlin said ten percent. Ten percent is really the maximum that
we have in alcoholic beverage sales.
Mr. Piercecchr
With regard to the blueprint that you gave us, wouldn't it be
prudent to replace the dryvil on the walkway adjacent to the
entrance with cultured stone up to the first limestone accent
band just to keep that area from being beat up?
Mr. Ansara:
We have considered that. Actually, the plans that you have
right now are preliminary. We are looking at some slight
modifications to the exterior. We would be willing to look at
replacing that first band.
Mr. Piercecchr
Yeah, right up to that limestone accent band. When I look at
your color rendering, I can see the problem with people banging
into it and then chipping it.
Mr. Ansara:
We've already considered that, and we would have no problem
in doing that.
Mr. Piercecchi:
You don't have an objection to that?
Mr. Ansara:
Not at all.
Mr. La Pine:
I'm looking at the Poor plan, and I'm trying to find where the bar
area is located. I see where the liquor, beverage, and ice are.
I'm just curious where the bar is and how many seats are
around the bar.
Mr. Ansara:
We'll pull that out. The bar area is located right here. To kind of
orient yourself, this would be Six Mile Road. The entranceway
is right here. This is the bar location.
Mr. La Pine:
So the bar is behind Dining A. Isthatcomect?
Mr. Ansara:
It's adjacent to Dining A.
Mr. La Pine:
How many seats will you have at the bar?
Mr. Ansara:
There are 10 seats shown here, and typically that's where we're
at. We're between 9 and 12 seats at the bar.
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Mr. LaPine:
I've only been in one Red Robin. It's been so long I'm not
really up on it. At your entry area, i you're crowded in here
and people want to wait, how much waiting room do you have
outthere?
Mr. Ansara:
This is the entire area here. You can see it's a pretty
significant waiting area. We have bench seating along this
radius as well as this radius. Our host stand would be right
here. There's quite a bit of wail area.
Mr. LaPine:
As you said, this is more of a family -type restaurant. Is it
similar to what a Big Boy restaurant is?
Mr. Ansara:
No, I wouldn't consider it similar to a Big Boy. We wouldn't be
putting it next to our Big Boy if we thought it was that dose.
Mr. LaPine:
Would you consider it to be like an Applebee's or something
like that?
Mr. Ansara:
I would say its similar to Max and Ira's, or a Chili's, or
Applebee's.
Mr. LaPine:
This isn't an area where the young crowd hangs out. This is
more of a family -type operation? Not aTGIF?
Mr. Ansara:
I would say the only young crowd we gel is teens and pre-
teens. Not at all like a TGIF. We consider ourselves a very
family -friendly restaurant. You come in on a Friday night and
you will see a lot of young families. We really consider
ourselves the only casual dining restaurant where young
families feel comfortable.
Mr. LaPine:
Based on that, why are you open until 1:00 in the morning? I
can't believe families are out eating then. Who's eating at 1:00
in the morning.
Mr. Ansara:
Well, certainly we don't restrict ourselves to people walking in
with young children, so if a couple comes in after a movie or
that type of thing, that's typically the business that we get at
Tale night.
Mr. LaPine:
So it isn't the type of operation where they are coming in to get
drinks. They are actually coming in to eat at that time of the
morning?
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Mr. Ansara:
Obviously, somebody can come in and order just a drink, but
that's a very, very minor, small percentage of our business.
Mr. La Pine:
Okay. That answers my questions. Thank you.
Mr. McCann:
Are there any other questions? Do you have the color rendering
with you this evening?
Mr. Ansara:
I don't believe we do.
Mr. McCann:
You provided the Planning Commission with a copy of t. If you
want to put it up there so the audience can see it. Is that similar
to what we're looking at here?
Mr. Ansara:
Yes. This is our Toledo restaurant. There haw been some
slight changes to the prototype, but essentially that is the look of
the building.
Mr. McCann:
What were some of the changes?
Mr. Ansara:
Minor things. What we call the "bird's nest" up above here. It's
Red Robin so we call it the bird's nest. Its now currenfly a cone
here, but it's really been made more straight up and down. It's
still a circular thing, but it's more up and down. Some of this
stepping in the stone has been modified. More stone has been
added versus the brick.
Mr. McCann:
Do you want to flip over to the front elevation? That might help
us a little bit so you can explain it.
Mr. Ansara:
If you see the cone shape of the "bird's nest" on the front of the
building, that's been made more cylinder -like where its straight
up and down rather than a cone -type shape. Also, where we
have the steps on the stone and the brick, what's being
considered at this point is turning this all into a stone look rather
than including the brick. So this area here would be all stone.
As we talked about today, we've talked about pulling a stone
wainscot across the front where the current d"t is, as well as
on the sides where the other dryvil is located. The doors have
changed somewhat, where we have an oval shaped door.
We've also lowered the windows down, not all the way to
ground level, but closer to ground level to open the restaurant
up a little bit more, add a little bit more light to the interior of the
restaurant.
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Mr. McCann:
I dont know if the audience can see it, but it appears as though
it's brick above the stone on the east and west side of the
entrance. Is that correct?
Mr. Ansara:
That is correct. Although this isn't final yet, we were really
waiting for site plan approval to discuss that. What we're
looking at doing now is basically turning this entire area into a
stone area rather than the brick.
Mr. McCann:
Okay. So this wont be quite as bright red as what you're
showing us. It is will be a little more toned down.
Mr. Ansara:
We can lone the red down a little bit. We don't like to, but we
can.
Mr. McCann:
Well, the more stone you add in it ...
Mr. Ansara:
It will lone it dawn a little bit.
Mr. McCann:
You'll keep the red. You'll still have the dryvit going around the
bottom and the strip going across the lop, but it looks as though
most of the side of the building will be brick or stone, which will
considerably alleviate some of that. I know we do have some
neighbors here. I was looking at the general site. If you look at
the rear property line adjoining the neighbors, we have an
existing five foot wall. I'm just using my fingers and kind of
measuring from the parking spots, but it looks like, Mark, we
have about 40 - 45 feet to the back of the parking spaces to the
wall?
Mr. Taormina:
It's right about 50 feet, just over 50 feet.
Mr. McCann:
Okay, we have 50 feet there. Right now, we've got a row of
bushes growing across. Let's face it. You're not going to find
another restaurant like the one that was there that's going to
deal with the same dientele unless maybe Sweden House, but
we've already got one of those. So this may have some more
impact and that's what the neighbors have informed the staff
that they're concerned about. My thought is that you have 50
feet of greenbelt there. We could ease the impact of this with a
considerable amount of shrubbery or some trees back there.
According to the plans, we have some existing trees there now.
Mr. Taormina, would you have a recommendation on that?
Mr. Taormina:
I visited this site today. I believe most of the plantings
immediately adjacent to the wall are mature enough and in a
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healthy enough state that you wouldn't want to necessarily
remove those. It presents a nice landscape buffer adjacent to
that wall. There are some gaps in wall, so that can be taken
care of and any dead, dying or diseased plant material can be
replaced. In fact, there is some of that throughout the site.
There are deciduous -type trees that are adjacent to the parking
lot in that island on the north side of the drive easement.
Several of those are moderately mature Maples. Again, there
are some openings in that landscape island that possibly could
be filled in with some kind of an evergreen in order to get better
screening. That would probably be the only opportunity for
additional landscaping between the parking lot and the
residents.
Mr. McCann: I was looking on the island there as well.
Mr. Ansara: Are you referring to this area across here?
Mr. McCann: Yes.
Mr. Ansara: We would have no problem in adding some evergreen -type
trees along that island.
Mr. Piercecchr Are you going to play music or anything like that inside your
establishment?
Mr. Ansara: No, you mean live music? Not at all. We have a sound system
where there is some background music that plays in the
restaurant.
Mr. Piercecchr But the sound won't penetrate?
Mr. Ansara: We do have a speaker right outside the front door just for
people who are waiting for seats, but that is something we can
certainly assure that the residents will not be able to hear at all.
Mr. McCann: Is there anybody in the audience that wishes to speak for or
against this petition?
Jim Boloven, 37848 Bloomfield Drive. I live right on the corner of Bloomfield
Drive and Laurel Park South. I'm the first house you come to
when you come into the subdivision off Six Mile Road directly
behind the old Bill Knapps. I'm the original homeowner. I've
been there since 1984, so I've seen the area develop. I don't
have a problem with the Red Robin Restaurant going in there.
My problem and a big problem is the thought of people having
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consumed alcoholic beverages making a right hand tum past
my house going through the sub to get to southbound
Newburgh. If you're familiar with the site, there is no entrance
from Six Mile Road. The easiest way from that site to get to
southbound Newburgh is through the sub. I watched just
tonight. There was a group over there tonight when we were
coming here and I watched four cars leave: two went to Six
Mile Road, the other two came through the sub, just a natural
exit to come through the sub. I hale the thought of people
having been drinking going through our sub. I'm not just
guessing. I'm not theorizing. I've already been through this one
time with Ground Round. They put Ground Round in there;
there's going to be no problem. The amount of traffic through
the sub increased tremendously. We argued. We argued with
the City. They finally put a sign in there on Professional Drive,
no Teff tum into the sub coming out of Ground Round. That
helped a little bit. Traffic was still tremendous. It didn't alleviate
it until they put an entrance off Six Mile Road. That's when the
traffic slopped from Ground Round coming through the sub. So
we're going to be faced with the same problem with the Red
Robin. The traffic is going to come right through our sub going
to Newburgh. That's the easiest way to gel in and out of that
Red Robin, and I fear people having consumed alcohol coming
through the sub. If you're going to put a restaurant like this in
there, I have no problem. Put an entrance off Six Mile Road.
Block that back entrance so they can't come through our
subdivision. I do not want a parade of traffic coming through our
subdivision. I do not want to have to go through what I went
through with the Ground Round. And it really surprised me that
the Traffic Division said they had no problem with this. That's
who we harped on for years, and they finally were instrumental
in putting that entrance off of Six Mile Road. I'm sure some of
you were there tonight. I don't know if you were or not, to lake a
drive over to the sub and see the easiest way to get out. You
can't get out. You go to the first entrance to gel out; you can't
see the cars coming from the sub. So the easiest entrance is to
go through the back, and if you're going southbound Newburgh,
you make a right and it takes you right to southbound
Newburgh. And that's a big concern. We have a subdivision
with older people in there now. We have a subdivision with
younger people. I don't need traffic to increase tremendously to
put a restaurant there. When we had Bill Knapps, it was an
entirely different type of restaurant. The dientele by 8:00 at
night, it was pretty well done for the night. The amount of traffic
that is going to increase with the Red Robin is probably going to
be three limes the amount of customers that Bill Knapps served.
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So I have a big problem with that. I have a big concem with
that, and I wish you guys would lake a serous look at how these
cars are going to come in and out at this restaurant. Thank you.
Len Schoenborn, 37644 Mallory. I am the President of the Laurel Park South
Association. I have to say that we're excited to see something
going in there in place of Bill Knapps. Since the property has
been vacant, there have been an awful lot of vehicles stored
there. I spoke with the manager of the hotel complex. She's
had a lot of problems with partying going on back there, etc.,
and whatnot. We're looking forward to this type of restaurant. I
have patronized the Red Robin Restaurant. We are pleased
with the fact that it's not some of the other restaurants that could
go in there. We don't really see a problem with the liquor
license. The traffic situation is something that has concerned
some residents. I've not heard from anybody personally. We
put a flyer out last weekend announcing the fact that the Red
Robin Restaurant was going to be going in. I have not received
any communications from any of the residents. I have received
some positive comments regarding the Red Robin. I guess they
are in favor of that over, again, some other restaurants. We
have also mel with one of the councilmen concerning the traffic
pattems, and its something that we have met with the
prospective Red Robin owners about. They said they would be
willing to work with us in trying to solve that issue, and we're
confident that we will be able to hopefully address that issue.
Thankyou.
Phyllis Brenner, 37876 Bloomfield Drve. I am immediately behind the stated
property. I beg to differ with the Association President in terns
of impact. This is my backyard we're talking about. This is not
somewhere vaguely located in the neighborhood. I have a
number of concems. I think Mr. Boloven nicely addressed the
issue of traffic flow. I also have a major concem regarding the
hours of operation. The most excitement that ever happened at
Bill Knapps was the weekly ambulance visit, but those ended by
8:00 in the evening. This is a restaurant that is 50 feel from my
backyard. Its hours of operation of 11:00 a.m. until 100 a.m.
are definitely a concem. There will be parking lot noise well into
the night, and all of the houses in that area have bedrooms that
back up to the back parking lot. They are not in the front of the
house. Another concem regarding hours of operation is when
will deliveres be ocourrng? Bill Knapps had essentially one
delivery because all of their products came from a single
company. We anticipate that there will be far more than one
delivery truck because its unusual to have food and alcohol
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delivered by the same company. So the hours of delivery
become a concem. Another concern is that the major business
will be brought in by cars on Six Mile. So I guess I don't
understand why a second sign on the Laurel Park side, the
south side, is needed. It is a lighted sign, and although it
doesn't project light far in the distance, it still is a sign closer to
the homes that immediately back up to it. The ability to put in a
sign that says no right tum' out of the south driveway into the
neighborhood - ifs slim hope that it will do anything due to the
nature of the trees that are there. The stop sign that is there
often does not get seen. I mean when you pull into Laurel Park
South, you cannot pull in believing that you are on a street. You
have to drive down that street to Bloomfield Drive as if you were
on a driveway. People do not see it as a street. They see it as
the extension of the parking lot, both from the businesses to the
east of Laurel Park South as well as to the west. In terns of
overall in the neighborhood, I would like to point out it is a
voluntary homeowners association. It is not representative of
the neighborhood. I have been there for eight years and there
have been issues within the neighborhood where the
Association has spoken for small clusters of groups and
presented themselves as a unified voice. So I would like to
point out this is strictly a voluntary effort. The largest number of
homeowners in the area do not belong to the Association for a
variety of different reasons. The newsletter that came out did
not say that Red Robin was considering purchasing the property
contingent on the rezoning to allow a liquor license. It was a
statement that Red Robin has bought the property. Why bother
commenting on something thafs a done deal? You have to
come and do some homework yourself to understand that there
is still a public hearing. So I would just say that I think you need
to listen to the residents who immediately back up to this
business because we're the four homes that are going to be
impacted. Two of the other homes are also represented; one in
a letter that was sent in. I am presuming it has been received.
Julia Hering sent in a letter. She mailed it last week she stated,
and we have other neighbors here. Thank you.
Dan Steines, Best Western, 16999 Laurel Park. I am representing Best Western
Laurel Park. We just wanted to let everyone know here the
issue with the driveway, relocating it to Six Mile. We certainly
would have no issues with that. I would agree just from being
part of the management team over there that I can see how that
causes problems for that subdivision. If the driveway was to be
moved to Six Mile, I think it would be better.
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Mr. McCann: Mr. Taormina?
Mr. Taormina:
I am curious to know, when you say relocate that drive because
Best Western relies on access from that driveway, are you
talking about a relocated driveway onto Six Mile Road that
would serve access to not only Red Robin but also to Best
Western?
Mr. Sleines:
Correct. If you did it and had it serve both, the only thing we'd
be looking for when they do the construction is for them to
handle the expense of it. But certainly where it would come in, it
would feed both properties. So it would work for us. It wouldn't
matter.
Mr. Taormina:
Mr. Chairman, if I may just clarify a point. The only means of
access to Best Western is via this driveway that runs along the
southern boundary of the proposed Red Robin site. So they
share access. I'm assuming that's through some kind of legal
easement agreement that exists between the property owners.
The Ansara Group is not purchasing but leasing this site on a
long term basis.
Mr. Carlin:
A couple of comments. First of all, the six or so cars that were
there tonight were us. We mel with a number of the
homeowners. Mr. Ansam and I were the two that went out on
Six Mile. The people that went in the subdivision were the
residents that were there that went into their awn subdivision.
We met with the homeowners in an effort to try to alleviate some
of their problems. We promised them that we would work with
them and the City on the ingress and egress issue. There is
some consideration about the entryway being on the northern
end and then the exit would be on the southern end. We have
no problem with putting up a sign that would indicate "no right
tum" into the subdivision from the back entrance or exit. Mr.
Ansare said the hours of operation were the maximum hours
that they were going to be open. It depends a lot on what the
customers want. If enough customers are there at that time, it
would stay open until midnight. If not, it may close at 11:00 p.m.
Deliveries are normally during the day and, preferably, in the
morning. They do not want deliveries in the afternoon when
they are busy and certainly not around the lunchtime area.
There would be no deliveries at night. As far as the sign is
concerned, we do not intend to apply for a variance. We will
eliminate the one side sign. We don't need that sign. And
again, there has been a reference to the entryway off of Six
Mile. It is our intent to eventually try to get the County to
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approve a curb cut off Six Mile, but we don't know if that will
occur. We're going to go ahead with the restaurant and hope
that we can work with the County and the hotel in the future to
try and put that curb cut in because I think it would serve the
hotel, us and the residents, certainly a lot nicer than what's
there now. We also agreed with one of the concerns of the
neighbors we met with tonight. I talked to a number of them last
week in anticipation of tonight's meeting regarding the
landscaping of their subdivision street. There's a little island
there; it looks like a rock garden right now. We've agreed to try
and work with the City maybe to sprinkle that and put in some
bushes and trees that are better looking than what's there now,
and maybe some flowers. We would agree to maintain it. So
we're trying to work with them. It is zoned for a restaurant; it
was a restaurant. We're trying to add the Class C license
because we can't do it without it, and the franchise doesn't allow
it. And I want to indicate to you that it is a family and a children
friendly establishment. In fad, at Christmas time they will have
Santa Claus there. Al Easter, they have an Easter bunny. They
have a clown that comes into the various restaurants; they float
around entertaining kids. Its that kind of a restaurant. So
you're not going to see a lot of people coming in there to sit
down and drink loo much and then drive somewhere into a
subdivision. If its less than 10% alcoholic beverages, its
probably one of the lowest in the industry.
Mr. McCann: Thank you. Ma'm?
Melinda Leininger, 37932 Bloomfield Drive. I live directly behind the old Bill
Knapps restaurant that backs up to our house. First, what I
would like to know is, what residents of the neighborhood did
you meet with?
Mr. McCann: Ma'm, you have to address the Planning Commission.
Mrs. Leininger: Okay. I would like to know that because we were never notified.
We were never contacted. We are the ones who are the main
concern with this restaurant. We are concerned about the
shrubbery. The shrubbery mostly is dead. It was never
maintained while Bill Knapps was there. The traffic was pretty
bad coming in and out. We would like to see the traffic being
exited and entranced off of Six Mile. Throughout the
neighborhood, we do have a lot of children. We do have a lot of
families who walk through there. We do find a lot of traffic noise
going through our neighborhood. They do speed. They do
think of it as a street for the companies. I am a customer of Red
P11111 r:
Robin in their other areas, and we do go in there just to have
dunks. I am a younger crowd. We do go in there just to have
alcoholic beverages. It is a family restaurant, but after the 9:00
hour is when the majority of my generation goes in there.
Mr. McCann:
Thank you. Just to follow-up on the one question, what was
your source of contact for the neighbors?
Mr. Carlin :
Mr. McCann, I got a call a week and a half ago from John (help
me out with the name).
Mr. Ansara:
John Aguslus.
Mr. Cadin:
Yes, and he indicated that he was part of the Association group
and was concerned and wanted to meet with us. So we made
arrangements, Mr. Ansara and 1, to meet them there tonight.
They showed up. There was about six or seven including this
gentleman and the two ladies that are here, and there were
several others that were there including John Agustus. We met
with them in an effort to try to resolve things. I understand they
sent a circular around to all the residents. They can speak for
themselves.
Mr. McCann:
All right. Is there something new that you would like to tell us?
Mr. Schoenborn:
No, just to answer a question even though I shouldn't be
addressing you. As the President of the Association, yes, it is a
voluntary membership in the minds of many of them. We have
chose not to try to force the issue to collect the dues.
Mr. McCann:
That's really not an issue before us.
Mr. Schoenborn:
Okay, I apologize. I still feel as the Association President that I
do represent the majority of the neighbors in the Association
and that's why I was making an effort to address tie restaurant
ownership to solve some of the issues because traffic through
the subdivision is definitely a problem. That's why we are trying
to make a contact, so hopefully we can solve that issue by
working with them.
Mr. Carlin:
We made it pretty clear to them tonight that we want to work
with them.
Mr. LaPine:
Did I understand you said you met with the Council or council
people?
20409
Mr. Schoenborn:
In an effort to find out what we should do as residents, what
channels we should go through, one of the members is an
acquaintance of one of the council members, and he suggested
that we try to make contact and see what they would be willing
to do to work with us.
Mr. La Pine:
Okay. I just thought maybe you mel with the Council and talked
with them.
Mr. Schoenborn:
No.
Mr. McCann:
Is there anybody else wishing to speak? I'm going to close the
public hearing. Mr. Ansara, you have the last opportunity to say
something.
Mr. Ansara:
Thank you. I just want to make one point in regards to the
layout of the restaurant and the homes that are back here. This
is the entrance of the restaurant. You can see that we have a
significant amount of parking that immediately surrounds the
entranceway. So especially at late night hours, once the
restaurant has slowed down after about 9:00 at night, you're
really not going to have any activity at all in the back porton of
the parking lot. It really is all going to be here. And the
restaurant is designed in that way. The entrance is here;
parking will be surrounding it So I think the concern about late
night activity in the back part of the parking lot is probably not a
concem at all.
Mr. Alanskas:
Isn't it also true that this restaurant is going to be a smaller
building than the restaurant you're tearing down, so it will be
less intrusive?
Mr. Ansara:
Correct. I think the number is 7,300. Actually, I think that's
incorrect. It probably includes our exterior dumpsler enclosure.
It really is less than 7,000 square feet. The current building is
7,600.
Mr. Alanskas:
Thank you.
Mr. La Pine:
One other question if you could answer it. You say you need
138 seats, but 30 are for employee spaces. Are there 30
employees there at all times?
Mr. Ansara:
Typically, that's a maximum. That's what we look at.
20410
Mr. La Pine:
So when they talk about you needing 138 parking spaces, you
need 108 for customers and 30 for employees. Really, you
don't need 30 for employees because you don't have 30
employees there at one time.
Mr. Ansara:
No, we wouldn't have 30 there at one time. I just want to make
sure I speak correctly. Typically, there would be between 10
and 20 employees, and in slower limes, it would be less than
10.
Mr. McCann:
A motion is in order.
On a motion
by Mr. Alanskas, seconded by Mrs. Smiley, and unanimously
adopted, it was
#05-71-2003
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-02-09 submitted by Ansam Restaurant Group,
on behalf of Red Robin Restaurant, requesting waiver use
approval to utilize a Class C Liquor License in connection with
the redevelopment of a full service restaurant at 16995 S. Laurel
Park Drive on property located on the south side of Six Mile
Road between 1-275 and South Laurel Park Drive in the
Northeast % of Section 18, the Planning Commission does
hereby recommend to the City Council that Petition 2003-04-02-
09 be approved subject to the waiving of the 1,000 fool
separation requirement as set forth in Section 11.03(h) of the
Zoning Ordinance by the City Council, and also subject to the
following conditions:
1. That the Site Plan marked Sheet PL -1 prepared by Vetter
Design Group Architects, dated April 18, 2003, is hereby
approved and shall be adhered to;
2. That the Building Elevations Plans marked Sheets A-2.0
and A-2.1 prepared by Vetter Design Group Architects,
both dated April 18, 2003, are hereby approved and shall
be adhered to, except as modified under condition 3 below;
3. That only conforming signage is approved with this petition;
any additional signage shall be separately submitted for
review and approval by the Planning Commission and City
Council;
4. That the maximum number of customer seals shall not
exceed 216;
20411
5. That the brick used in the construction of the building shall
be full -face 4 -inch brick, no exceptions;
6. That either brick or stone be added between the grade and
window sill on the front entry of the building;
7. That a fully detailed landscape plan shall be submitted for
approval within 60 days following approval of this petition
by the City Council;
8. That all off-street parking spaces provided in connection
with this restaurant shall be double striped;
9. That all light fixtures shall not exceed 20 feet in height and
shall be shielded so as to be deflected away from the
neighboring residential properties;
10. That the following issues as outlined in the correspondence
dated May 2, 2003, from the Inspection Department shall
be rectified to that department's satisfaction:
- Repair of the south access drive and repair
maintenance, resealing and double striping of the
parking lot;
- Replacement of dead or unsuitable trees and plants in
landscape areas; and
- Proper ramping from the panting lotto the sidewalk;
11. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
althe time the building permits are applied for; and
12. That there will be no outside speakers on the building
whatsoever for noise control for the neighbors.
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use complies with all of the general
waiver use standards and requirements as set forth in
Section 19.06 of the Zoning Ordinance #543;
20412
2. That the subject site has the capacity to accommodate the
proposed use; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. McCann:
Is there any discussion?
Mr. LaPine:
Mr. Chairman, we discussed the landscaping along that one
area, and I think the petitioner agreed to put some additional
landscaping in there on the south wall.
Mr. McCann:
We do talk about replacement, but I think we need some
supplemental language.
Mr. LaPine:
Right. Exactly. That's what I want to add in there.
Mr. Taormina:
Mr. Chairman, if I may offer a suggestion that there is a
condition No. 6 that requires that the issue come back so we
can supplement that by stating that it shall induce those areas
as well.
Mr. Shane:
I'm in favor of this particular petition, but I want to make sure
that the record is clear on the fad that at least some of us are
concerned about the traffic issue brought up by the neighbors. I
don't want the idea of an entrance off of Six Mile Road to die at
any point. I want to make it very clear that at least 1, for one,
would like to see that happen. Although I will have to say that
the closer you get to the state-owned freeway, the less likely it is
going to be for the County to approve that particular exit. I just
want to make sure that the record is dear. I don't want that idea
to drop.
Mr. LaPine:
Mr. Shane, do you think we should add something in the motion
that we would like the treffc problem looked at?
Mr. Shane:
I would be in favor of that.
Mr. McCann:
My concern is that they probably wouldn't allow another curb cut
there without a deceleration lane considering it's so dose to the
hotel's traffic. But if they can create some type of joint
easement where on the northern parcel they could gain access
20413
to their entrance/exit, if that is what they want. Obviously. the
hotel benefits by having a restaurant there.
Mr. Alanskas:
But that would be up to Wayne County and the petitioner.
Mr. Shane:
But I don't want the idea to die.
Mr. Alanskas:
But we can't put it in the resolution that they must do this
because...
Mr. Shane:
I wasn't suggesting that we do. I just want to make sure the City
Council understands our concern and the concerns of the
neighbors on this issue.
Mr. Alanskas:
I'm sure they would know that when they read the minutes.
Mr. McCann:
I think that's what his point is.
Mr. Shane:
Yes, I want to bring it out so when they read the minutes, they
are concerned about it.
Mr. McCann:
I agree. The only other thing I'd like to tell the neighbors is that
I've sat up here for quite a long time doing this. By living in
Livonia and being involved, one of the things you do is try and
learn who are the business people in Livonia that you can trust.
Which petitioners, when they come before you, will do what they
say they're going to do judging by past deeds. And there are a
lot of good corporate citizens in the City. I believe the Ansam's
are one of them. I think if you go to the restaurant they have
there at Six Mile and Newburgh, you'll see that the shrubbery is
well taken care of and the restaurant is dean; the operation has
done nicely. I visit it quite regularly with my wife and kids. We
have a situation where we have a restaurant on that comer.
We're not going to gel away from it. You're not going to find
another restaurant like you had there. Obviously, theyve had
problems in recent years. I think if we had to pick one, Red
Robin is a good choice. I think the operators are good people. I
think the traffic issue has to be addressed and that's something
that should be mised. The audience should also appear at the
Council hearings on this to make sure their voices are heard
and their recommendations are taken into consideration. Would
the secretary please call the roll?
20414
A roll call vole on the foregoing resolution resulted in the following:
AYES:
Alanskas, Smiley, La Pine, Shane, Piercecchi,
is carried and the
McCann
NAYS:
None
ABSENT:
Walsh
Mr. McCann, Chairman, declared the
motion
is carried and the
foregoing
resolution adopted. It
will go
on to City Council
with an
approving resolution.
ITEM #7 PETITION 2003-04-06-02 RELIGIOUS LAND USE
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition
2003-04-06-02, submitted by the City Planning Commission,
pursuant to Council Resolution #131-03, and pursuant to
Section 23.01(a) of Ordinance #543, the Zoning Ordinance of
the City of Livonia, as amended, to determine whether or not to
amend Sections 11.02 and 18.38 of the Zoning Ordinance to
comply with the Religious Land Use and Institutionalized
Persons Act (RLUIPA), which prohibits any land use regulation
that treats a religious assembly or institution on less than equal
terms with a non -religious assembly or institution.
Mr. Taormina: The Religious Land Use and Institutionalized Persons Act, also
known as RLUIPA, was adopted by Congress and signed into
law in September, 2000. Its intent was to relieve governmental
burdens on religious exercise by prohibiting any land use
regulation that treats a religious assembly or institution on less
than equal terms with a non -religious assembly or institution. In
an effort to bring the Citys Zoning Ordinance into compliance
with this Act, the Law Department has prepared language to
amend Section 11.02, which is the permitted uses in the C-2
districts of the Zoning Ordinance, which is in contradiction to this
rule. Basically, this would treat places of worship in the same
regard as meeting halls and catering establishments and
private, fraternal and religious clubs and lodges. Presently
Section 11.02 expressly permits these uses but makes no
mention of places of worship so that would be the language
added to that particular section of the ordinance. It also
contains a provision to amend the parking regulations of the
Zoning Ordinance for places of assembly without fixed seats.
Based on the recommendations of the Inspection Department,
20415
they feel that the parking ratio for this type of use should be
increased from one parking space for every 50 square feet of
usable floor area to one parking space for every 25 square feet
of usable floor area. The Planning Department, however, is
concerned over doubling the parking requirement for assembly
uses without fixed seats because it would be very difficult for
churches and other places of assembly to comply with the
number of spaces that would be required under this change of
the ordinance. So for this reason, we are recommending that
the Planning Commission approve the amendment relating only
to Section 11.02 for the reasons stated in our report, but
postpone any action on the amendment relating to Section
18.38, Parking Regulations, until that issue can be studied in
greater detail. Thank you.
Mr. McCann: Is there anybody in the audience that wishes to speak for or
against this petition? Seeing no one, I'll close the public
hearing. A motion is in order.
On a motion by Mr. Piercecohi, seconded by Mr. Shane, and unanimously
adopted, it was
#05-72-2003 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-06-02, submitted by the City Planning
Commission, pursuant to Council Resolution #131-03, and
pursuant to Section 23.01(a) of Ordinance #543, the Zoning
Ordinance of the City of Livonia, as amended, to determine
whether or not to amend Section 11.02 of Article XI and Section
18.38 of Arfide XVIII of the Zoning Ordinance to comply with the
Religious Land Use and Institutionalized Persons Ad (RLUIPA),
which prohibits any land use regulation that treats a religious
assembly or institution on less than equal terms with a non-
religious assembly or institution, the Planning Commission does
hereby recommend to the City Council that Petition 2003-04-06-
02 be approved amending Section 11.02 only for following
reasons:
1. The proposed language amendment will Ming the C-2
District regulations into compliance with the provisions of
the Religious Land Use and Institutionalized Persons Act
(RLUIPA) by allaying churches as a permitted use; and
2. The proposed language amendment will remedy the
problem of current C-2 District regulations that are in
20416
ITEM #8 PETITION 2001-01-07-01 MASTER PLAN AMENDMENT
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition
2001-01-07-01, submitted by the City Planning Commission to
amend Part VII of the Master Plan of the City of Livonia, The
Future Land Use Plan, so as to change the designation of land
lying west of Farmington Road and north of Lyndon Avenue in
the Northeast %at Section 21 from Medium Density Residential
to Office.
conflict with the RLUIPA by grenfing churches the same
treatment as that accorded to meeting and assembly halls.
Further, the proposed language amendment to Section 18.38 of
Article XVIII, Parking Regulations, is not approved at this time.
Mr. McCann,
Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution to amend only Section 11.02.
On a motion
by Mr. Piercecchi, seconded by Mr. Shane, and unanimously
adopted, it was
#05-73-2003
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on May 20, 2003, on
Petition 2003-04-06-02, submitted by the City Planning
Commission, pursuant to Council Resolution #131-03, and
pursuant to Section 23.01(a) of Ordinance #543, the Zoning
Ordinance of the City of Livonia, as amended, to determine
whether or not to amend Section 11.02 of Article XI and Section
18.38 of Artide XVIII of the Zoning Ordinance to comply with the
Religious Land Use and Institutionalized Persons Ad (RLUIPA),
which prohibits any land use regulation that treats a religious
assembly or institution on less than equal terms with a non-
religious assembly or institution, the Planning Commission does
hereby recommend that the proposed amendment to Section
18.38 of Article XVII, Parking Regulations, of the Zoning
Ordinance be tabled.
Mr. McCann,
Chairman, declared the motion is carried and the foregoing
resolution tabling only the proposed amendment to Section
18.38, Parking Regulations, is adopted.
ITEM #8 PETITION 2001-01-07-01 MASTER PLAN AMENDMENT
Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition
2001-01-07-01, submitted by the City Planning Commission to
amend Part VII of the Master Plan of the City of Livonia, The
Future Land Use Plan, so as to change the designation of land
lying west of Farmington Road and north of Lyndon Avenue in
the Northeast %at Section 21 from Medium Density Residential
to Office.
20417
Mr. Taormina presented a map showing the property under pelifion plus the
existing zoning of the surrounding area.
On a motion by Mr. La Pine, seconded by Mr. Alanskas, and unanimously
adopted, it was
#05-74-2003 RESOLVED, that pursuant to the provisions of Ad 285 of the
Public Ads of Michigan, 1931, as amended, the City Planning
Commission of the City of Livonia having held a Public Hearing
on May 20, 2003, for the purpose of amending Part VII of the
Master Plan of the City of Livonia, the Future Land Use Plan, so
as to change the designation of land lying west of Farmington
Road and north of Lyndon Avenue in the Northeast of Section
21 from Medium Density Residential to Office for the following
reasons:
1. The proposed amendment to the Future Land Use Plan will
place all the frontage on the west side of Farmington Road
from Lyndon Avenue north to the area designated
Community Service under one uniform land use category;
2. That the proposed amendment is consistent with recent
zoning changes that have occurred within the subject area;
and
3. That the proposed amendment will encourage the use of
the subject lands in keeping with the developing character
of the area;
AND, having given proper notice of such hearing as required by
Ad 285 of Public Ads of Michigan 1931, as amended, the City
Planning Commission does hereby adopt said amendment as
part of the Future Land Use Plan of the City of Livonia which is
incorporated herein by reference, the same having been
adopted by resolution of the City Planning Commission with all
amendments thereto, and further that this amendment shall be
filed with the City Council, City Clerk and the City Planning
Commission and a certified copy shall also be forwarded to the
Register of Deeds forthe County of Wayne for recording.
A roll call vote was taken with the following result:
AYES: LaPine, Alanskas, Smiley, Shane, Pieroecchi,
McCann
NAYS: None
ABSENT: Walsh
ABSTAIN: None
20418
Mr. McCann, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution. This conduces the Public Hearing section
of our agenda. We will now begin the Miscellaneous Site Plans
section of our agenda. Members of the audience may speak in
support or opposition to these items. Will the Secretary please
read the next item?
ITEM #9 PETITION 2003-03-08-06 Marketplace at College Park
Mr. Pieroecchi,
Secretary, announced the next item on the agenda, Petition
2003-03-08-06 submitted by SchoolcraR Commons, on behalf of
Marketplace at College Park, requesfing approval of all plans
required by Section 18.47 of the Zoning Ordinance in
connection with a proposal to construct a multi -tenant
commercial building on property located at 17370 Haggerty
Road in the Southwest%of Section 7.
Mr. Alanskas:
In regards to Items 9 and 10, 1 will be stepping down due to a
possible conflict of interest.
Mr. Miller
I will defer to the petitioner for an explanation of this petifion.
Mr. McCann:
All right. We will go the petitioner. Would you like to give us a
brief explanafion of your plan?
Robert W. Bednas,
Elkin Equities, Inc., 29100 Northwestern Highway, Southfield,
Michigan 48034. 1 am representing Schoolcmft Commons, the
pefifioner, in both these instances. In a brief overview of what
you have before you tonight, the site plan for the Marketplace at
College Park and the site plan in Item 10 for the one building
and the three restaurant pads, is the initial phase of the
development at College Park. It also sets the tone for the rest
of the Park and the image and the standards that we're trying to
create for College Park. Both buildings are brick and stone or
stone-like accents with glass as appropriate. It is our intention
for a good portion ofthe buildings thatthe ...
Mr. McCann:
Do you have some site plans? Maybe we can put them up so
as he's talking and describing the buildings we have some point
of reference.
20419
Mr. Bednas: Item 9 is the Marketplace at College Park. It represents 14,000
square feet of mulfl-tenant retail space. The floor plan is
presenfly divided into nine tenants. The building itself, in he
elevations and color renderings that you have, is composed of
brick and stone and E.I.F.S. veneer with canopies over the store
front entrances. Since we are reviewing both at the same time,
this building at the opposite corner of this first phase of the
College Park development is virtually identical in materials with
slightly different architectural treatment because of its different
nature and use than the retail building. As I was starting to say,
what we are trying to create at College Park is something that is
really a cul above the typical retail buildings that you see in
either a strip center or a free-standing building. This could be
an office building or, in the case of the application, a furniture
store. But we are attempting to do something totally different in
this entire complex, and this is setting the stage for that. We
intend for it to be a first class development. We believe our
approach to the site planning to dale reflects that. The sites are
well landscaped and well illuminated. In some essence, they
are over -parked as far as the zoning requirements because our
experience with other similar uses dictates that we should have
some additional parking, especially for the retail center. The
three restaurant pads that are in the center of the development
by their nature will not be similar materials. They will be more
representaflve of the typical restaurant that sits on those pads.
We have one seafood restaurant, an Italian restaurant and a
third restaurant yet to be determined. But as you can see in the
material before you, the preliminary elevaflons for the two
buildings are well done. Those photographs are representaflve
of what we intend to do here. I hate to use the word upscale,
but they are higher scale restaurants with linen table clothes in
the Italian restaurant. The seafood is more of a theme so it will
have some table clothes, some wood table tops with placemats.
The plan was done in an attempt to create some sort of sense
of place around the three restaurants with this little plaza in the
center being kind of the focal point for the three. We have the
three entrances and outdoor seating areas located around this
plaza. Similarly, the third restaurant, although ifs separated by
an access driveway between the two, also provides the
opportunity for valet parking dro"ff in this location. So as I
previously said, I think we have a very well done plan here and
we're soliciting your approval.
Mr. McCann: Thank you.
Mr. Piercecchr Have you signed anyone on those restaurants yet?
20420
Mr. Bednas: Pardon? Have we signed anyone on?
Mr. Piercecchr Anybody that you're trying to gel?
Mr. Bednas; I don't know if we can announce the seafood restaurant yet.
No, I guess we can't. I think you have a clue who they are in
the information that we have.
Mr. Piercecchr Italian, seafood and burger. Right?
Mr. Bednas: Curiously, I don't know if you noticed this footprint. It's very
similar to the Red Robin that you approved three items back.
We were talking to them at one time. When we first started
talking to them, they also made the deal for the other location on
Six Mile. This one is the furthest away from making a deal. The
seafood restaurant, we are very close on conducting
negotiations. We are less close with the Italian restaurant, but
we are well on our way with that one.
Mr. Piercecchr And they are upscale?
Mr.Bednas:
Yes.
Mr. La Pine:
I have this rendering, which is that building on the right there.
Mr. Bednas:
That's the retail center. Yes.
Mr. La Pine:
Is this a pretty good idea of what's going to be there? I guess
what I'm questioning, with the canopies, I have no problem. Will
all the canopies be the same? Starbucks won't have one color
and the other stores different colors? Are we going to have
some consistency there?
Mr. Bednas:
That is correct.
Mr. McCann:
Just hold that upthere for a minute so people at home can see.
Mr. Bednas:
That is coned. The canopies are purely an architectural
treatment. The intention is to have the signs for the retailers in
these efface bans above the canopies.
Mr. LaPine:
I can be assured that the layout is going to be pretty much like
this? I mean I like the idea of the two buildings at the end being
taller. It kind of gives it a better feel here, and that's basically
what we're going to get?
20421
Mr.Bednas:
Yes.
Mr. LaPine:
Okay. The next question I have is, the driveway right there.
What is that off of?
Mr. Bednas:
This driveway here?
Mr. LaPine:
Yes.
Mr. Bednas:
That is off of this roadway here which is internal circulation.
North would be up if I turned it this way.
Mr. LaPine:
Where is Haggerty Road?
Mr. Bednas:
Haggerty is at the bottom.
Mr. LaPine:
So the only way to get into those restaurants is to come off of
Haggerty at the south?
Mr. Bednas:
That's correct.
Mr. LaPine:
Then they can go tum up there and tum in, and then they also
can gel in from the main entrance to the college campus, which
is down at the north?
Mr. Bednas:
This is not necessarily the main entrance to the college campus.
Its one of the entrances to the college. It's the entrance to their
south parking lot. Let me get this other plan.
Mr. Piercecchi:
That's where the light is?
Mr.Bednas:
Yes.
Mr. LaPine:
That's where the light is. Now, I guess I assume you're going to
have signs here, which I don't think is part of this proposal
tonight. But are you going to have a free-standing sign here?
Mr. Bednas:
The intention is to have three ground signs. One which is
shown on the site plan for the Marketplace at this location,
which would be for the retailers here. And this is really required.
We first tried to figure out if we could avoid doing this sign, but
because the building is oriented longitudinally, the side of the
building is on the Haggerty frontage and most of the tenant
storefronts face to the north in the internal roadway. The initial
contacts with many of the tenants that we're dealing with
20422
indicated that they absolutely had to have some sort of
identification on Haggerty that indicated their presence, primarily
for the northbound traffic.
Mr. LaPine:
I guess my question then is, I hope that sign is not going to have
nine different names on it. Its just going to be one College Park
Center sign or something like that?
Mr. Bednas:
No. You're correct in your initial fear. The intention is to have,
discreetly done, it would be the Market Place at College Park,
with most likely the nine tenants listed on it.
Mr. LaPine:
Where is the other free-standing sign?
Mr. Bednas:
The other flee -standing sign is on the other site plan submitted
for approval for the one building and the three restaurant pads.
It's at this location and it's primarily for this building's identity.
Mr. LaPine:
Will that one have the restaurant signage on it?
Mr. Bednas:
No, it won't.
Mr. LaPine:
The only signage on the restaurants will be on the west side or
maybe partly on the south side.
Mr. Bednas:
The only restaurant signs will be on the buildings themselves.
The restaurants will not have ground signs.
Mr. LaPine:
The only sgn I might object to is the one with all the names on
It, but otherwise I like the proposal. It's very nice.
Mr. Bednas:
The third sign, although it's schematically shown in the plan, it
really hasn't been developed. It would be a College Park sign in
the median here at the main entrance because it does become
the main entrance driveway into the campus. But we don't have
any design development on that.
Mr. LaPine:
When you bring in your sign package, we can fight that battle.
Mr. Shane:
Describe for me the rear architecture on the building on the
south.
Mr. Bednas:
On the Market Place?
Mr.Shane:
Yes.
20423
Mr. Bednas:
Before I get to the rear, let me walk you around from the front.
This is the front elevation, which is the color rendering, but this
front elevation also wraps around the ends of the building, the
Haggerty frontage and also the eastern frontage. Because this
is quite visible on the Haggerty frontage, we replicated the front
on the Haggerty frontage, and also turned it back to the extent
that we believe it's visible from Haggerty Road. In relation to
the site, Comerica has a berm back here along with some trees
that really obscure a good portion of the rest of the building, so
the back of the building is made of decorative concrete block,
painted or stained as the case may be.
Mr. Shane:
The second point I have, can you go over the landscape plan
please? I think I'm reading this right. At all three of these
developments, you've neglected Haggerty Road entirely with
respect to street trees. Is that correct?
Mr. Bednas:
No, I don't believe so.
Mr. Shane:
I don't see any on the landscape plan I'm looking it.
Mr. Bednas:
You say the Haggerty Road frontage?
Mr. Shane:
The Haggerty Road frontage, the entire width.
Mr. Bednas:
Let me go back to this one. You can see part of what's here on
this color plan, but the entire frontage of Haggerty Road is
landscaped. First of all, there's a sidewalk that's going in, so
that's the right-of-way line. Then there's a 20 foot greenbelt with
lawn. Since this is mostly retail, there is low shrubbery. Its
either junipers or vibumam in these areas, and then where the
circles are, in this instance, they show Maple trees.
Mr. Shane:
I should have made myself more clear. I was talking about
within the right-of-way on Haggerty Road where you would
normally find street trees. I don't see any on this plan.
Mr. Bednas:
That's not a requirement.
Mr. Shane:
It may not be a requirement, but its going to be a requirement
for me to vote on this project. I'd like to see a series of street
trees along Haggerty Road.
Mr. Bednas:
Well, street trees are usually done by the municipality, and
normally we're prohibited from doing anything in the right-of-way
20424
approval, but I dont think you'll have a problem with that as long
between the sidewalk and the curb other than putting in lawn
and an irrigation system.
Mr. Shane:
I think you'll find that you'll be able to put street trees in here,
and I'd like to see them at least 40 - 50 feet apart. Maybe even
duplicate the Columnar Maples that you have on the rest of the
site, something of that sort. I'd like you to consider it.
Mr. Bednas:
Let me just be perfecfiy candid in the problem that we have
again with street trees. Because this is retail, anything that
begins to obscure a retailer's line of sight to a potential
customer or from a customer is really anathema to them. We
try and introduce trees wherever we think they can be brought
into the landscape plan without really obstructing that line of
sight. This is what this plan represents. To try and introduce
any trees is a problem to begin with. I believe you said on 40 or
50 foot centers?
Mr. Shane:
Whatever. But if you pick the right tree, I think you're going to
negate the problem you're talking about.
Mr. Bednas:
About the only thing that might work would be a locust, which is
semi ...
Mr. Shane:
Why don't you pick a Columnar Maple? I've got one in front of
my house and it obstructs nothing. I can see some out here in
the parking lot that are very narrow and high branched, that type
of thing. I'd like you to consider it. I would not like Haggerty
Road along there to be bare without some kind of major street
trees located there.
Mr. Bednas:
I'll plead naivety here. Is this something that you typically do in
Livonia?
Mr.Shane:
Yes.
Mr. Bednas:
Al site plan review require that the developer place .. . I'm
talking specifically within the right-of-way.
Mr. Shane:
Yeah. It's not unusual.
Mr. Bednas:
With the agreement of the engineer ... in this case, its Wayne
County.
Mr. Shane:
I understand. Naturally, you'd have to have the Countys
approval, but I dont think you'll have a problem with that as long
21425
as they are placed in the right locations and they don't interfere
with anything the County has there.
Mr.Bednas:
We'll certainly take it under advisement.
Mr. Shane:
Maybe the rest of the Commissioners dont care, but I do.
Mr. Bednas:
I am not in a position to commit that we will do that, but we can
certainly lake it under consideration.
Mr.Shane:
Thankyou.
Mr. LaPine:
The furniture store has now been eliminated. Is that correct?
Mr. Bednas:
No. As far as the site plan approval we're seeking tonight, we
do want approval for this building
as it's presented. Its use can
either be an office building or a furniture store.
Mr. LaPine:
I thought I was told by you that its not going to be a furniture
store now; its going to be an office building.
Mr. Taormina:
Well, there is discussion relative to its use that will be through a
contractual agreement between the college and the developer
of this site. That has yet to be determined, but the indication at
this point is that it would be more along the office use category
as opposed to retail, notwithstanding the fad that it actually
exists on whatwill be commercial zoned property.
Mr. McCann:
Will be? It hasn't been voted on yet.
Mr. Taormina:
That's correct. The zoning issue will come before the Council in
the next couple weeks.
Mr. LaPine:
The next question ... I love the exterior design of the Italian
restaurant. I hope that's the way its going to look. Regarding
the exterior design for the fish marl, is that basically what we're
going to get?
Mr. Bednas:
It's almost identical. Yes.
Mr. LaPine:
Okay. And the other restaurant you mentioned. It was the Red
Robin but that's gone by the wayside.
Mr.Bednas:
Correct.
20426
Mr. LaPine:
When we first started out with this project, months and months
ago, I questioned if there was going to be any way for the
people at the Fairfield Inn, and all the hotels just east of there, to
have direct access to these three restaurants, which I think is a
plus for the restaurants and a plus for the hotels. Is there going
to be anything like that?
Mr. Bednas:
Ultimately. Appreciating that this is only the first phase of the
development ...
Mr. LaPine:
I understand that.
Mr. Bednas:
When we gel into the second phase, it will require the extension
of Fox Drive. If I just may again, north is to left. This is the
Residents Inn, the Town Place Suites, the Fairfield Inn. So Fox
Drive will be extended along with a connecting lock that ties into
the walkways.
Mr. LaPine:
I see. They can come around there.
Mr. Bednas:
Depending on whether they want to bike, walk or drive their car.
Mr. LaPine:
I think its a plus for the hotels and its a plus for the restaurants.
A lot of people staying at the hotels will want to find a place to
eat and some of them might want to walk over there, which isn't
that bad of a walk. Okay. Thank you.
Mr. McCann:
I want to follow up on Mr. Shane's point here. The worst thing in
the word we can do is take these sites and say, "Okay. C'mon
and look. We want to put a restaurant here; we want to put a
restaurant here; this will be a road entrance" We're talking
about 20%, maybe 15%, of the total site. And then once we go
ahead and build everything else, we've laid the foundation for
the whole entrance to this site. We're talking about this Iiffie
section right in here, and you've got another 380,000 square
feel of office building going in behind? Is that coned?
Mr. Bednas:
That is correct.
Mr. McCann:
Can you drop that board down to the ground for me? As far as I
can tell, this is going to be the main entrance for the whole plaza
or park. You're going to share an entrance here, but that's not
going to be your main gateway. This is going to be the main
gateway off of Newburgh Road into the whole park.
Mr. Bednas:
Off of Haggerty, yes.
20427
Mr. McCann:
Of of Haggerty. You'll be able to at least enter off of Fox Drive.
We haven't determined whether they'd be able to exit yet, but
there s no opportunity there to make anything of a statement to
these companies. I've talked to the people at Schoolcraft
College. They are in agreement. To me, this is a center like we
have at Vidor Corporate Parkway. There is an issue here
where we dont have the wetlands right up front to work those in
and water retenfion. My concern is that this is not gang to be
commercial; it's going to be an office -type use. Now, if that's
the case, Mark, wouldn't that reduce the parking requirement?
Mr. Taormina:
That all depends on the type of office use that goes in there.
Medical space, for example, would dictate parking in excess of
what certain retail operations would require. Again, that
depends.
Mr. Bednas:
The office use was not intended to be medical office. It was
intended to be what is traditionally known as office.
Mr. Taormina:
I understand. Well, I'm not sure what the agreement is going to
be with Schoolcraft College, but if they're going to limit it to only
general office use, ben the answer to your quesfion is, yes. It
will require less parking for that building than would otherwise
be the case if it was retail.
Mr. Bednas:
Okay. But it depends on what kind of retail. If it's a furniture
store, the furniture store fits perfectly because a furniture store
only requires 30 parking spaces.
Mr. Taormina:
That is correct, but keep in mind that as we reviewed this site
plan, we had to factor the parking not based solely on your
intended use as a furniture store, but as a retail store requiring
one parking space for every 150 square feet of floor area. We
looked at it on that basis as well.
Mr. Bednas:
As a potential eventuality. But the wording on the application,
the site plan approval request, was for an office building or a
furniture store. Our intention was not to do some kind of other
retail here.
Mr. Taormina:
But you understand that with the zoning, you have that ability to
have other types of retail. We can't condition this site plan on
only a furniture store.
20428
Mr. Bednas: That's correct, but even though the zoning allays it, you still
have to satisfy the zoning requirements for parking and other
setbacks and things of that nature. Our intention with this plan
was either an office building or the furniture store.
Mr. McCann: I sat with Mr. Walkon and some of the other partners up in the
Mayors chambers with the Council and other representatives of
the City. Originally, we were going to have three restaurants out
front and one commercial strip. Last week we got surprised with
the furniture store being thrown in. I got the feeling that this has
all been compacted down in order to fit in this additional
commercial/office space. You have very little greenbelt as far
as I can tell along the front here. You've got a very small
entrance area for a 450,000 square foot office/retail complex. I
really wanted to see something grander as far as an island
going all the way back, more room and space up front, because
this was suppose to be the entrance, as I've said before, for this
whole park. We're trying to really cram everything we can in for
this commercial space that was supposed to be saved for three
restaurants and a building. By adding this building, we've just
destroyed the whole concept of a great entrance to a park.
You've got major corporate sponsors you want to bring into this.
You need something. If theyre going to say, "Yeah, we're going
to bring our company and make its headquarters here," we need
something more than a Iittie commercial center to run through to
get back to our buildings. And I think you've lost the whole point
of what was presented to us at the Mayors office.
Mr. Bednas: I appreciate your comments, but I also want to disagree with
you. This plan is not that much different than the initial plan that
you may have seen in the Mayor's office. The initial plans had
this retail center in this configuration. We always had this
roadway with a small median boulevard as shown here. It did
not extend beyond three lanes once you got into the property as
is shown here. I think this plan is even better than what you
saw initially because the initial plan had the three restaurants
lined up in a row in the old, traditional, conventional 1960's,
70's, 80's fashion. Here we're tried to create a sense of space
and somewhat critical mass with the three and a place for
people that is much friendlier than what you typically see
walking through a panting lot. True, we did have the opportunity
after we went through all the machinations of parking counts
and site planning parameters and constraints, to drop in another
building here, but whether it was office, which fit, which was the
initial thought, it worked. We met all the setback requirements;
we provided the landscaping required; we had more than
20429
enough parking available. Circumstantally, what happened is
while we were chasing tenants for this and the retailers, this first
class furniture store operation said, 'What do you have in
Livonia?" These people are going into Ann Arbor and
Birmingham.
Mr. McCann:
Yes, but what we're seeing from the road is a giant parking lot
with four buildings. That's not what you initially presented.
Now, Mr. Shane provided a good point, that you look at some of
these nicer office and commercial mixed parks, and they do
have street trees; they do have things going on. Maybe we
need to set back the buildings and everything 50 feel and add a
greenbelt to the front of this project so that we can
accommodate those if you dont want to put them on the Wayne
County road right -0f --way. Maybe you're right.
Mr.Bednas:
We can't do that. We went through...
Mr. McCann:
If you lose that building, you can.
Mr.Bednas:
Pardon me?
Mr. McCann:
If you lose that building, you can.
Mr. Bednas:
Wed lose everything if you push everything back 50 feet. We
created the zoning line in our initial presentation to the Planning
Commission in December and January. The rezoning line is
here somewhere.
Mr. McCann:
Yes. We had three restaurants and one commercial center.
Mr. Bednas:
But if you're trying to create more green space ... and we don't
have any less green space than Comenca or Schoolcratl. This
20 fool setback is the identical green space that they have from
the nghl-0fway line.
Mr. McCann:
I disagree. I think by the time you get back, the presence that
those buildings are going to have and the green space that
works around Comenca, you're going to look like your buildings
. .. it's going to be one after another. You are creating a
commercial. Again, it's just from a point of view. I was
anticipating when we were coming into this, something on a
Victor Corporate Parkway scale of a huge complex that's
coming to Livonia. We're going to attract star companies from
around the word that want to put a headquarters or at least a
regional corporate headquarters in this mall.
20430
Mr. Bednas:
Am I wrong? I mean Victor Corporate Park becomes a three
lane roadway shortly after you enter it.
Mr. McCann:
It does, but you have the water and you have the greenbelt. I
guess I'm rot seeing it. Maybe we need some renderings or
something to show us what you plan to do to kind of give us that
effect. I think that would help. Are there any other questions?
Is there anybody in the audience that wishes to speak for or
against this petition?
Mr. La Pine:
The main roadway, is that an island right there, right in the
center? Is there any reason why that can't go all the way up so
then we can put landscaping and trees and things along there?
Mr. Bednas:
Sure. It takes more space and more money, a lot more money.
Then it interferes with turning movements when you cut into the
various driveways. The three lane road is the most efficient way
of handling the traffic. It gives you a center lane for left turns so
that people gel out of the way of people that are going through,
and unless you go into a boulevard, which will require twice as
wide a roadway with almost twice as much pavement.
Mr. La Pine:
Getting back to what Mr. McCann was talking about, the main
entrance to this whole project is that road right there, plus the
one oft of Fox Road off of Six Mile?
Mr. Bednas:
Right. This will be the ceremonial entrance, and to the extent
that we have the room, Fox Drive will create a similar landscape
median. But as was mentioned earlier, Fox Drive will probably
be an ingress for and not an oullet.
Mr. La Pine:
Can't you also get into the whole complex from the main
entrance off of Haggerty where the street light is?
Mr. Bednas:
Yes, that would be that one here at Schoolcraft College, their
parking lot.
Mr. La Pine:
Okay. So they can come in that lot and go into the whole
project?
Mr. Bednas:
They come into this driveway, which is between the parking lot
and our development.
Mr. La Pine:
I understand. Can they come in there and get over to the office
buildings?
20431
Mr. Bednas: Sure. They'll come in this way, down this concrete roadway,
and then into complex.
Mr. LaPine:
So they have to come back through where the retail is. Is that
right?
Mr. Bednas:
Right. But this roadway here also is a three lane roadway
between the retail space and the second office building.
Mr. LaPine:
Thankyou, Mr. Chairman.
Mr. McCann:
Anybody else? Nobody in the audience. Mr. Walkon did you
wart to comment?
Marvin Walkon,
30445 Northwestern Highway, Suite 320, Farmington Hills,
Michigan 48334. First of all, I want to address Mr. McCann.
This is a two-step process for us. First, we have to gel
approval from Schoolcraff College. Without their approval,
we're not going to be before you. They have to sign of and
then we will come to you. And secondly, the other question
that was mentioned about the corporate headquarters, which
is exactly what we're going to see. We're hoping that a
200,000 fool ABC corporation is going to settle on this site.
The reason they would settle on this site is because of the
freeway exposure. That would be the reason they would
come. But for that, and I'm sure you are aware of this, Mr.
McCann, Northville Township has sent out a request for
proposals. It's 426 acres. We would be competing with all the
frontage, probably 1.5 million new square feet of office. So,
what we have to differentiate us from the 1.5 million square
feet is the freeway exposure. Hopefully, that will be the
excitement that will bring a headquarters to this community.
Thankyou.
Mr. LaPine:
Mr. Walkon, you said you need to get an agreement with
Schoolcraff. What is this agreement for purchase and sale all
signed? Isn'lthatthe agreement?
Mr. Walkon:
No, we don't have an agreement with Schoolcmff College, a
lease agreement signed as we speak. I believe that was for
the Archdiocese piece.
Mr. La Pine:
You're right. Okay. I'm sorry.
20432
Mr. Walkon:
But at this very moment, we don't have an executed agreement.
It's close. We're in the ninth inning.
Mr. LaPine:
I wasn't at the meeting in the Mayors office. I'm just going by
what Mr. McCann is saying here. It seems like we got some
difference of opinions here.
Mr. Walkon:
Was I there, Mr. McCann? I don't remember the meeting.
Mr. McCann:
When we originally ... for the rezoning of that property.
Mr. Walkon:
The Schoolcraft property?
Mr. McCann:
Yes.
Mr. Walkon:
I'm getting old. I don't remember the meeting, but age 61 is
probably over the hill.
Mr. McCann:
I guess we're atthe point where a motion is in order.
Mr. LaPine:
Mr. Chairman, I'll make a motion to approve. I like the project.
I'd like to see some things changed, and maybe with the
information we brought up here tonight, its in the minutes for
the Council to read, maybe we'll get some remarks from the
Council.
On a motion by Mr. LaPine, seconded by Mr. Shane, it was
RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2003-03-08-06
submitted by Schoolcratt Commons, on behalf of Marketplace at
College Park, requesting approval of all plans required by
Section 18.47 of the Zoning Ordinance in connection with a
proposal to construct a multi -tenant commercial building on
properly located at 17370 Haggerty Road in the Southwest %of
Section 7, be approved subject to the following conditions:
1. That the Site Plans marked S-3 and S-0, both dated March
10, 2003, as revised, prepared by Atwell -Hicks, Inc., are
hereby approved and shall be adhered to;
2. That the Landscape Plan marked Sheet LP -1 dated March
14, 2003, as revised, prepared by Jeppink Partners, is
hereby approved and shall be adhered to;
20433
3. That the height of the planted trees shall be measured from
the top of the root ball to the mid -point of the top leader;
4. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
5. That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition;
6. That the Exterior Building Elevation Plan marked Sheet A5-
1 dated February 14, 2003, prepared by Minora Yamasaki
Associates, is hereby approved and shall be adhered to;
7. That the brick used in the construction shall be full face 4
inch brick;
8. That the three walls of the trash dumpsler area shall be
constructed out of the same brick used in the construction
of the building or in the event a poured wall is substituted,
the wall's design, texture and color shall match that of the
building and the enclosure gales shall be maintained and
when not in use closed at all times;
9. That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan;
10. That all light fixtures shall not exceed 20 feet in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
11. That the petitioner shall correct to tie Police Department's
satisfaction the following as outlined in the correspondence
dated April 23, 2003:
- That "slop" signs shall be installed where traffic exits
the lot onto the proposed road of the development;
- That "slop" signs shall be installed for traffic exiting the
proposed road onto Haggerty Road;
20434
That all handicap spaces shall be identified and comply
with the Michigan Banner Free Code;
11. That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence
dated April 3, 2003:
That if the subject building is to be provided with an
automatic sprinkler system, a hydrant shall be located
between 50 feet and 100 feel from the Fire Department
connection (FDC);
That adequate hydrants shall be provided and located
with a maximum spacing of 300 feet between hydrants;
most remote hydrant shall flow 1,500 FPM with a
residual pressure of 20 PSI;
That any curves or comers of streets shall
accommodate emergency vehicles with a turning radius
of 45 ft. wall to wall;;
13. That no signs, either freestanding or wall mounted, are
approved with this petition; all such signage shall be
separately submitted for review and approval by the
Planning Commission and City Council;
14. That a Master Sign Plan establishing ground signage for
the entire College Park development shall be separately
submitted for review and approval by the Planning
Commission and City Council; included in the application
shall be the location and graphics of each Business Center
Sign, all Identification Signs and any directional signage;
15. That no LED lightband or neon shall be permitted on this
site, including but not limited to, the building or around the
windows; and,
16. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
atthe time the building permits are applied for.
Mr. La Pine: If any memberwants to add something, be my guest.
Mr. Shane: I'll second the motion, but I would hope that Mr. La Pine would
agree to the following amendment to Item No. 2 regarding the
landscape plan. I'd like to add the language 'that additional
20435
street trees shall be planted along the Haggerty Road frontage
either within the right-of-way as may be approved by Wayne
County or within the greenbelt between the sidewalk and the
parking lot"
Mr. LaPine:
I have no objection.
Mr. McCann:
Is there any discussion?
Mr. LaPine:
Do you want to add anything, Mr. Chairman, on the
entranceway?
Mr. McCann:
I'm just not comfortable yet with voting on this, but thats my
personal opinion. I think it needs more work.
Mrs. Smiley:
Is this going to be approved by Schoolcraft College?
Mr. McCann:
Not to my understanding. They are in negotiations with
Schoolcraft College regarding that building, and I'm not sure
what the final outcome will be. I talked to Mr. Walsh, but he said
he didn't have final information. There's a motion and a second.
Any other discussion?
Mrs. Smiley:
Truthfully, I thought we were going to do more before we came
back tonight to change this a little bit, but I haven't seen that.
Mr. McCann:
More with ...
Mrs. Smiley:
You know, we're not definite about that commercial building in
the back, if its office or if it's going to be an upscale furniture
place. It is pretty much sti l the furniture place?
Mr.Bednas:
No.
Mrs. Smiley:
No.
Mr. Walkon:
Mrs. Smiley, maybe I can answer that.
Mr. McCann:
The hearing is over, but go ahead very quickly.
Mr. Walkon:
Am I out of order on this, Mr. McCann?
Mr. McCann:
I don't think anybody will object.
20436
Mr. Walkon:
Unless there is an approval on the furniture store, which we do
not have from SchoolcreR College as we speak, it will not come
forward. Thank you for letting me go ahead and speak.
Mr. Piercecchr
Is it only that one building that hasn't received approval?
Mr. Walkon:
Yes, sir, just that one building. Everything else has received
approval. The only issue with Schoolcrett is the furniture store.
We have received approval on the others. Thank you, sir.
Mr. Bednas:
And 0's not really the building per se. Its the use that is the
question, whether it is an office building or a furniture store.
Mr. McCann:
I want to make a substitute motion to table this for two weeks.
We do have a meeting on the third. I just don't feel that we
have sufficient information. There's certainly not with
Schoolcrett College regarding what's going in there. Is there
support fora motion to table?
On a motion
by Mr. McCann, seconded by Mrs. Smiley, and unanimously
adopted, it was
#05-75-2003
RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2003-03-08-06 submitted by
Schoolcrefl Commons, on behalf of Marketplace at College
Park, requesting approval of all plans required by Section 18.47
of the Zoning Ordinance in connection with a proposal to
construct a multi -tenant commercial building on property located
at 17370 Haggerty Road in the Southwest''/.of Section 7, be
tabled until the Regular Meeting of June 3, 2003.
Mr. McCann,
Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Taormina:
June 3 would be the voting meeting. The study meeting will be
on May 27.
Mr. McCann:
Hopefully, we can have some answers with regard to Mr.
Shane's questions and possibly have some drawings for what
the entrance is going to look like, since we're kind of approving
thattonight.
Mr.Bednas:
What was that request?
20437
Mr. McCann: Something along the lines of drawings, color renderings, maybe,
of what the entrance is going to look like. Like Mr. Walkon did
for us at Millennium Park.
Mr. Bednas: The driveway entrance into the park?
Mr. McCann: Yes.
Mr. Bednas: Or the building?
Mr. McCann: No, the driveway entrance up Haggerty. What effects you're
planning on putting in there. I assume thats part of this site. Is
R not?
Mr.Bednas: Yes.
ITEM #10 PETITION 2003-03-08-07 College Park
Mr. Pieroecchi,
Secretary, announced the next item on the agenda, Petition
2003-03-08-07 submitted by SchoolcraR Commons, on behalf of
College Park, requesting approval of all plans required by
Section 18.47 of the Zoning Ordinance in connection with a
proposal to construct a building and obtain preliminary approval
for three restaurant pads on property located at 17600-17900
Haggerty Road in the Southwest''/. of Section 7.
(Note: Discussion on this item was combined with Item #9,
Petition 2003-03-08-06, submitted by Schoolcraft Commons, on
behalf of Marketplace at College Park.)
On a motion
by Mr. McCann, seconded by Mrs. Smiley, and unanimously
adopted, it was
#05-76-2003
RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2003-03-08-07 submitted by
SchoolcraR Commons, on behalf of College Park, requesting
approval of all plans required by Section 18.47 of the Zoning
Ordinance in connection with a proposal to construct a building
and obtain preliminary approval for three restaurant pads on
property located at 17600-17900 Haggerty Road in the
Southwest''/.of Section 7, be tabled until the Regular Meeting
of June 3, 2003.
Mr. McCann,
Chairman, declared the motion is carried and the foregoing
resolution adopted.
20438
ITEM #11 APPROVAL OF MINUTES 38C Special Meeting
Mr. McCann, Chairman, announced the next item on the agenda, Approval of the
Minutes oflhe 388"' Special Meeting held on March 18, 2003.
On a motion by Mr. Shane, seconded by Mr. Pieroecchi, and unanimously
adopted, it was
#05-77-2003 RESOLVED, that the Minutes of 388r" Special Meeting held by
the Planning Commission on March 18, 2003, are hereby
approved.
A roll call vole on the foregoing resolution resulted in the following:
AYES:
Shane, Pieroecchi, Alanskas, LaPine, McCann
NAYS:
None
ABSENT:
Walsh
ABSTAIN:
Smiley
Mr. McCann, Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 865" Public
Hearings and Regular Meeting held on May 20, 2003, was adjourned at 1100
p.m.
CITY PLANNING COMMISSION
Dan Piercecchi, Secretary
ATTEST:
James C. McCann, Chairman
mgr