HomeMy WebLinkAboutPLANNING MINUTES 2004-11-1621824
MINUTES OF THE 895" PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, November 16, 2004, the City Planning Commission of the City of
Livonia held its 895° Public Hearings and Regular Meeting in the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m.
Members present: Robert Alanskas William LaPine R. Lee Morrow
Dan Pieroecchi H. G. Shane Carol Smiley
John Walsh
Members absent: None
Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Ms. Debra
Walter, Clerk -Typist II; and Ms. Marge Roney, Program Supervisor, were also
present.
Chairman Walsh 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 tum, 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 requestfor preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If
a petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has len days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become
effective seven (7) days after the dale 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 2004-10-01-12 THOROUGHBRED PROP.
Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2004-10-
01-12 submitted by Thoroughbred Properties, LLC, on behalf of
the Margaret Holley Estate, and Vincio Borin and Angela Borin,
requesting to rezone property at 14821 and 14829 Farmington
Road, located on the west side of Farmington Road between
Lyndon Road and Five Mile Road in the Northeast 1/4 of
Section 21 from R-2 to OS.
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Mr. Taormina presented a map showing the properly under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Nowak: There are three items of correspondence. The first item is from
the Engineering Division, dated October 21, 2004, which reads
as follows: "Pursuant to your request, the Engineering Division
has reviewed the above -referenced petition. We have no
objection to the proposal or legal description provided at this
time except as noted below. Additional right-of-way is not
required at this time. There is currently no storm sewer on the
site. The only storm sewer available is under the jurisdiction of
Wayne County. Use of this outlet will require a permit from
Wayne County and will require detention in accordance with
their Storm Water Management Ordinance." The letter is signed
by Robert J. Schron, P.E., City Engineer. The second letter is
from the Livonia Housing Commission, dated November 1,
2004, which reads as follows: "Please be advised that the
Livonia Housing Commission has reviewed the above -
referenced petition to rezone two parcels on Farmington Road
from residential to office services. The petition parcels are
adjacent to the Silver Village senior citizen housing community.
The Commission has no specific objection to the rezoning, but
would like to offer the following comments and concerns.
Similar to other parcels on Farmington Road that have
undergone rezoning and development, the Commission has
expressed its concem and wishes that adequate green space
and landscaping be preserved at the rear of the parcels
adjacent to Silver Village. In addition, proposed site lighting
should not be directed towards the Silver Village
property/buildings. The Housing Commission appreciates the
continued efforts of the Planning Commission to assure that
development projects do not have a negative impact on the
Silver Village housing community." The letter is signed by
James M. Inglis, Director, Livonia Housing Commission. The
next letter is from J. D. Dinan Co., LLC, dated October 29, 2004,
which reads as follows: We are the property owner at 14600-
14800 Farmington Road, directly across the street from this
property. We object to the rezoning of this property. As a
commercial property owner throughout Livonia, we feel that
Livonia is over -saturated with vacant office buildings and that
this rezoning will only contributed to a stagnant commercial
office market. In driving around the Livonia area, it becomes
crystal clear by the numerous 'For Lease' and 'For Sale' signs
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that adding more office buildings to this market is not in the City
of Livonia's best interest Already along the Farmington Road
corridor, from 8 Mile to Plymouth Road, the available office
space is staggering. Therefore, we oppose the proposed
rezoning of this property and would like our views placed on the
record." The letter is signed by Kim Paterson, Manager. That
is the extent of the correspondence.
Mr. Walsh:
Are there any questions for the staff?
Mr. LaPine:
Mark, will you put up the first slide? The next two lots to the
north will be vacant. Is that right?
Mr. Taormina:
The parcel immediately to the north of this site once consisted
of two lots and now contains Luther Lane. This is the driveway
that provides access to the Lutheran Heritage Village. Directly
to the north of Luther Lane are two lots of equal size that are
currently being developed with the Centennial Office.
Mr. LaPine:
South of the two lots were talking about tonight, there's two
more lots. Are those the two that will be left?
Mr. Taormina:
Coned.
Mr. LaPine:
On those two lots, there are three houses as I looked at them.
Mr. Taormina:
There are four parcels, 14829, 14821, 14815 and 14801
Farmington Road. These four parcels were the subject of a
previous petition to rezone it to OS. The two lots in question
each has a house. The two lots to the south have one house on
those combined two lots. So there's a total of three houses on
the four parcels.
Mr. LaPine:
My question to you is, when we originally heard this case, when
Beaumont Hospital wanted to build something here for a cardiac
rehab facility, he was going to build on four lots or three lots?
Mr. Taormina:
Four lots
Mr. LaPine:
All four lots.
Mr. Taormina:
Coned.
Mr. LaPine:
Which we were in favor of because then we only had one
building on four lots. Now we can gel two lots and two
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buildings, four buildings compared to one building that we
originally thought we were going to gel. Is that correct?
Mr. Taormina: That is conceivable.
Mr. LaPine: Okay. Thankyou.
Mr. Walsh: Is the petitioner here this evening?
Cad V. Creighton, Brasher, Tangora, Gallagher, Creighton & Amann, LLP, 33300
Five Mile Road, Suite 210, Livonia, Michigan 48154. 1 am
representing the petitioner, Thoroughbred Properties, LLC. The
principal of Thoroughbred Properties, Richard C. Scoff, is with
me tonight as are the principles of SludiozONE, LLC, the
architectural firm that is assisting Mr. Scott with the
development of this property and has prepared the proposed
site plan that is before you. Mr. Scott has the singular
distinction of being the son-in-law of my late partner, Charles G.
Tangora, and is intending to occupy one of these buildings. He
will be moving his offices from Five Mile and Levan here in
Livonia to this property. So we are talking about an owner
occupied projectfor at lead one of the two buildings, if there, in
fact, ends up to be two buildings. We do have Paul Malelic and
Julie Ju-Youn Kim, as I said, the principals of the SludiozONE
architectural firm, here for any specific questions. As you can
see from our proposed site plan, we are not intending to
maximize the use of this site by any means. There is a rather
significant amount of preservation of the natural greenery and
significant trees at the rear of the property. We have a great
deal of buffer area between the small portion of Silver Village
that our rear lot line touches upon as well as the Lutheran, well
it's no longer the Lutheran Home. I'm sorry. It has changed
hands and has a different name. But we have paid careful
attention and it is the intention to development this with an
exceptional amount of an underutilizalion of rentable square
foolable and an exceptional utilization of the natural greenery
that's already there as well as some enhanced landscaping. I
will entertain any questions that the Planning Commission might
have.
Mr. Shane: Did you at any time consider utilization of those two properties
to the south that Mr. LaPine was referring to?
Mr. Creighton: No. The acquisition costs for all four parcels far exceeded what
was necessaryfor Mr. Scott's intended use.
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Mr.
Shane:
Thank you.
Mr.
Morrow:
If this rezoning prevails, it sounds like you're ready to gel your
project started fairly quickly?
Mr.
Creighton:
Absolutely. This is a design and build project that we would
intend to pursue as early as spring construction, assuming all
falls in place in terms of the rezoning and the site plan approval.
Mr.
Morrow:
Thank you.
Mr.
Alanskas:
You say at the present time he's at Five Mile and Levan?
Mr.
Creighton:
That's correct.
Mr.
Alanskas:
Is he near the vet's office or is he on the north side of Five Mile?
Mr.
Creighton:
He's on the south side of Five Mile immediately west of the car
wash.
Mr.
Alanskas:
Does he own that building?
Mr.
Creighton:
No, he does not.
Mr.
Alanskas:
So we're going to gain one building and then have another
empty building?
Mr.
Creighton:
Well, I'm sure that the owner doesn't intend for it to be empty.
Mr.
Alanskas:
Okay. Thankyou.
Mr.
Piercecchi:
In looking at your plan here, those two lots utilize 132 feet along
Farmington Road. Correct?
Mr.
Creighton:
If that's what the site plan says, I'm sure that's true.
Mr.
Piercecchi:
I notice that you're putting these two buildings, parking, etc., on
roughly 120 feel with about 12 feel left over in that rear comer.
In other words, you are going to combine these two lots into
one?
Mr.
Creighton:
Correct.
Mr.
Piercecchi:
Okay. Thankyou.
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Mr. Creighton: This essentially mirrors the Centennial Park development but
with approximately 5,000 less square foot of building on the
same amount of space. We are fully intending to erect first
class office buildings very similar to those that TACS, LLC, is
erecting on the Centennial site. We're looking to use only first
class materials and make these very attractive buildings. Mr.
Scott wants a building that he can be proud of that he can use
for his own purposes.
Mr. Piercecchi:
From your plan here, most of this is really going to be vacant
land, isn't it?
Mr. Creighton:
Well, a large part of itis going to be open space and landscaped
area. Absolutely.
Mr. Piercecchi:
Thankyou, Mr. Chairman.
Mr. LaPine:
I think one of the problems I have is when we originally heard
about this, we were rezoning it to OS. We were laking four lots
and going to have one building, which I like because it cuts
down on our number of curb cuts on Farmington Road, which is
a very busy thoroughfare as you well know. Now we've got the
possibility we're going to have two buildings and maybe the
other two parcels will be sold and two more buildings. You say
you thought about buying the property but because of the cost,
and what he's going to use it for. One of the building's he's
going to lease out. Is that right?
Mr. Creighton:
That's correct.
Mr. LaPine:
The other problem I have, the two buildings we have to the
north are running east and west. If he bought these other two
lots, we could switch these buildings around and run those north
and south, which to me kind of breaks up the monotony of the
way the buildings are. We could have Bnghlhouse running
north and south, and we could have this building north and
south. Then we have the building to the north running east and
west, which I think is better planning than what you're proposing
here. I mean, that's my personal opinion. I'm just disappointed
that the original plan that we approved and we thought we were
going to get with Beaumont Hospital has fallen through. Thank
you, Mr. Chairman.
Ms. Smiley:
Are you going to occupy the building in phase one or phase two,
the front building?
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Mr. Creighton:
Presumably, the phase one building.
Ms. Smiley:
Okay. Thankyou.
Mr. Walsh:
If there are no other questions from the Commissioners, we'll go
to the audience. Is there anybody in the audience that wishes
to speak for or against this petition?
William Smith:
This is my wife, Diane Smith. We are executors of the Estate of
Millon R. and Margaret E. Holley, the parcel so designated as
14821 Farmington Road. I guess it would be the southern most
of the two properties. Just lel it be known that we do agree with
the petition presented before the Commission here this evening.
We were present, as you may recall, about this time last year
when the Beaumont Hospital folks were considering having the
parcels rezoned for office space. Just looking at the plan and
looking at what has been happening in the City of Livonia in that
particular area, it seems the trend is toward office space. The
one gentleman, Mr. LaPine, mentioned there are four separate
parcels over there. That is correct. Three of which do have
single home buildings on them. I won't say that the buildings
there . . my wife can probably help me more ... they're
probably 50 years old. Is that right? Neither of the buildings is
occupied al the present time, and it's my knowledge that there's
no plans for them to be occupied as residential properties.
Diane Smith:
As my husband said, it was my parent's property. That was the
house they built. It was the house I grew up in. Although you
hate to see things change, I think Dr. Scotts building would be a
welcome addition over there with him being a local
businessman with some roots in Livonia, like they said through
marriage. I think it would do well to have his office buildings
there. Thankyou.
Mr. LaPine:
May I ask you one question? Did you say you were Mill Holley's
Mr. Smith:
Mill Holley's son-in-law. Yes, sir.
Mr. LaPine:
Is that right?
Mr. Smith:
And Mill Holley's daughter.
Mr. LaPine:
I knew Mill really well. I fought a lot of political battles with Milt.
He was really involved.
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Mr. Smith:
He was a feisty individual. I certainly agree. Yes.
Mr. La Pine:
He was a feisty individual. Amen to that. And a very nice
gentleman.
Mr. Smith:
And he did a lot for the City of Livonia believe it or not with its
residents in mind. I can attest to that.
Mr. LaPine:
That's right. I can attest to that too. Thank you
Mr. Smith:
Thank you very much.
Mr. Walsh:
Is there anybody else in the audience wishing to speak for or
against this petition. Seeing no one, and if there's no objection
from the Commissioners, I'm going to close the public hearing
on this item and call for a motion.
On a motion by
Morrow, seconded by Shane, and unanimously adopted, it was
#11-144-2004
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on November 16, 2004,
on Petition 2004-10-01-12 submitted by Thoroughbred
Properties, LLC, on behalf of the Margaret Holley Estate, and
Vincio Bonn and Angela Bonn, requesting to rezone properly at
14821 and 14829 Farmington Road, located on the west side of
Farmington Road between Lyndon Road and Five Mile Road in
the Northeast 1/4 of Section 21 from R-2 to OS, the Planning
Commission does hereby recommend to the City Council that
Petition 2004-10-01-12 be approved forlhe following reasons:
1. Thal 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 will provide for
additional office uses to serve the area;
3. That the proposed change of zoning represents a logical
extension of an adjacent existing OS zoning district;
4. That the proposed change of zoning is consistent with the
developing character of the properties located on the west
side of Farmington Road north of Lyndon Road; and
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5. That the proposed change of zoning is in accordance with
the Future Land Use Plan designation of Office land use
for this area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Walsh: Is there any discussion on the motion?
Mr. Alanskas: I know we always require at least 15 percent landscaping. This
site is going to have at least 47 percent. Its going to have a
tree court between the two buildings and a large landscaped
garden between the parking lot and the building in the rear, and
a large portion of landscaping between the R-9 and the parking
lot. So it's a very good plan. Thank you.
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
resolution.
ITEM #2 PETITION 2004-10-01-13 LEO SOAVE BLG. CO
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
10-01-13 submitted by Leo Soave Building Company, Inc.,
requesting to rezone the westerly portions of the properties at
20013, 20015 and 20019 Farmington Road, located on the west
side of Farmington Road between Fargo Road and Norfolk
Road in the Northeast 114 of Section 4 from RUFA to R-3.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Nowak: There is one item of correspondence from the Engineering
Division, dated October 21, 2004, which reads as follows:
`Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. We have no objection
to the proposal or legal description provided at this time except
that the areas noted should be removed, as they are the areas
of the entire parcels. Additional right-of-way is not required at
this time. Wayne County will require detention on this site in
accordance with their Storm Water Management Ordinance."
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The letter is signed by Robert J. Schron, P.E., City Engineer.
That is the extent of the correspondence.
Mr. Walsh:
Is the petitioner here this evening?
Mr. Leo Soave,
20592 Chestnut Circle, Livonia, Michigan 48152. As Mr.
Taormina said, if this thing gels rezoned, we have two 99 foot
lots on the west side of the property and one 80' x 120' lot on
the east side. As of two years ago when Woodridge was
developed, this was planned as a through road. So I don't think
we're asking loo much out of the ordinary. Thank you. I'll
answer your questions.
Mr. Walsh:
Are there any questions from the Commissioners?
Mr. Alanskas:
Mr. Soave, with the road going through, how many lots could
you put on this properly?
Mr. Soave:
Right now, we have plans for three lots. Two on the west side
and one on the east.
Mr. Alanskas:
Threelols. Thankyou.
Mr. Morrow:
Just looking at the map, Mr. Soave, was there an attempt to
secure any of the other properties so you'd have more of a
square or rectangle there?
Mr. Soave:
Yes, sir. We tried that. The people to the north just want to sell
the rear 180 feet.
Mr. Morrow:
But you did attempt to secure that properly?
Mr. Soave:
Yes, sir.
Mr. Morrow:
Thank you.
Mr. Shane:
How wide is that northerly lot? The one that you didn't
purchase.
Mr. Soave:
Sixty-six feel wide.
Mr. Morrow:
Thank you.
Mr. Piercecchi:
If I understand correctly, of these five lots, you've only got three
of them under your control to build on?
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Mr. Soave:
Yes, sir.
Mr. Piercecchi:
What will you do ifyou don'lgel the otherlwo?
Mr. Soave:
Well, if you're talking about ... okay, we own the third piece
that's 20015 Farmington Road. We bought that about five years
ago. That's the centerpiece. If we don't gel the other two, the
road doesn't gel extended.
Mr. Piercecchi:
The two lots you dont have are the two with the notches. Is that
the two you dont have?
Mr. Soave:
No, sir. The only one we don't have, which we have some of il,
is on the west 180 feel, if I understand your question correctly.
Mr. Walsh:
Mr. Piercecchi, are you asking ... Mr. Soave, you own or have
rights to the properly in the yellow box. Is that correct?
Mr. Soave:
Yes.
Mr. Walsh:
So what you're asking to be rezoned is under your control.
Mr. Soave:
Yes, sir.
Mr. Piercecchi:
So there are other lots that could come down the road adjacent
to that and be added to it?
Mr. Soave:
Yes, sir. If that comes to pass, then we'll have one lot on Irving
which would be about 118' frontage on Irving by 120', which
way exceeds R-3 standards.
Mr. Piercecchi:
But right now your plan is to develop five homes on that
property?
Mr. Soave:
No, sir. Three homes. Three houses. Three lots. Two on the
west side and one on the east side because we're combining
and splitting those lots because every lot on Farmington Road is
only 66 feel wide. So to make R-3, we would have to take one
lot and gel another 14 feel from the adjoining lot. I hope I'm
answering yourqueslion, sir.
Mr. Piercecchi:
Its good enough.
Mr. LaPine:
I was also confused to be honest with you. I thought it was five
lots too. Anyways, Irving is going to be constructed through, no
matter what happens. Is that correct?
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Mr.
Soave:
Yes, sir.
Mr.
LaPine:
Then at this time, you're going to build the two lots on the east
side and that's the extent of the building at this time.
Mr.
Soave:
No, sir. Two lots on the west side.
Mr.
LaPine:
On the west side.
Mr.
Soave:
On the west side of Irving.
Mr.
LaPine:
Okay.
Mr.
Soave:
And one lot on the east side.
Mr.
LaPine:
One lot on the east side. Which lot on the east side?
Mr.
Soave:
That would be the southerly portion of the yellow box.
Mr.
LaPine:
Going up Irving, going from Fargo going south, the first lot, is
that the one you're going to develop?
Mr.
Soave:
Yes, sir. I'm sorry, from Fargo and Irving going north, if I
understand it right, that's going to be one Iol on the east side.
Mr.
LaPine:
Those two He lots. Then you'll have the other two empty until
such time you can gel additional properly.
Mr.
Soave:
All we're going to have is just one empty.
Mr.
LaPine:
Because you're laking some properly off of the one to combine
with the other one. Is that what you're doing?
Mr.
Soave:
Yes, sir. Its only 118 feel wide.
Mr.
LaPine:
I was under the impression we were having three on the east
and two the west.
Mr.
Soave:
No.
Mr.
LaPine:
Okay.
Mr.
Shane:
Just so I'm clear, Mr. Soave. The two lots on the east, you're
going to leave a portion of one of those lots to combine with the
piece that you don't have? The reason I'm asking that is, that's
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only 66 feel wide. So if you develop all of your properly, that
person is left with a piece that wouldn't be large enough. Do
you know what I'm saying?
Mr. Soave:
Actually, Mr. Shane, the way I think its going to go, is, on Irving
going north, on the southern part of that property, there's going
to be one lot.
Mr. Shane:
I understand, which could be larger than what the ordinance
requires because there is two lots there.
Mr. Soave:
Right, but first we're going to start with one 80 fool lot on the
east side of the property.
Mr. Shane:
All right, so you're going to leave part of it undeveloped. Is that
what you're going to do?
Mr. Soave:
Yes, sir.
Mr. Shane:
So you can combine it with the one to the north.
Mr. Soave:
Yes, sir.
Mr. Shane:
Okay. Thats what I was concerned about because if that was
left, then the 66 fool lot would be in limbo. Thank you.
Mr. LaPine:
Irving will be developed now, straight through.
Mr. Soave:
Yes, sir.
Mr. LaPine:
Okay.
Mr. Soave:
It will be tied in, and I think that was the idea when I think Curtis
developed the properly 30 some years ago.
Mr. LaPine:
Verygood, sir. was just curious. How do you find these things
that are so difficult to develop? Do you fly around the City in a
helicopter looking for them?
Mr. Soave:
Mr. LaPine, I do a lot of homework.
Mr. Walsh:
Is there anybody in the audience that wishes to speak for or
against this petition?
Leonor Orlicki,
20123 Irving Drive. I'm here with my family and some of my
neighbors. I have a petition here signed by the majority of the
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people in our subdivision and also the subdivision on the other
side connecting Irving Drive. We live on Irving Drive, and @ is
right now an enclosed subdivision, one way in, one way out. I
have small children. This is my little boy here. And we're used
to not having to worry about cars buzzing through. The way our
subdivision is constructed, it would be such a way that Irving
Drive would then be a thoroughfare. People would be just flying
up and down that street just like they do on Norfolk. I'm
concerned for the safety of my children. The people in both
subdivisions do not want this street to go through. I believe that
there is a way of still being able to build the homes without
having to make the subdivisions connect, where it could dead
end on both ends. It won't take anything away from the
properly. It can just be a dead end on our end; dead end on the
other end and both subdivisions are in agreement to that.
There's very few people that I was not able to gel signatures
from. I have two pages worth right here. I don't know if you
need this. Ours is an established subdivision. We like it the
way it is, and we do not want to see Irving Drive go through.
Not to slop him from building his homes, that's not what our
proposition is for, just we don't want the street to go through and
create that extra traffic. When Farmington gels backed up,
Irving is going to be used for going back and forth. I've seen it
happen before where people try to come into our street, realize
its a dead end, and tum around. I have a six year old. I have
an eight year daughter. My neighbors also have a six and eight
year old child. We also have other kids that live right in that
area, and all of us are very concerned about that street going
through, and we don't want it.
Mr. Walsh:
Thank you. Ma'm, I would like to ask if you will submit that for
the record. If you give it to Mr. Piercecchi, he will pass it on to
our staff so its with our materials.
Mr. Morrow:
I might ask the young lady, if I followed you correctly, you have
no problem with the zoning?
Mrs. Orlicki:
No, I have no problem with the homes. I just don't want the
streets to connect. They can abut up against each other. I'm
mean, we're talking about maybe just a barrier where there are
trees, and that will stop it from the streets connecting, but it
wont change the way the homes can be built.
Mr. Morrow:
Okay. The reason I asked that question is because we're
particularly concerned about the zoning tonight. We're not
trying to develop roads or lots anything. That will be another
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subject when they come back to actually develop the property.
Tonight, its just zoning. We'll certainly be cognizant of your
remarks, but they're really not germane tonight because we're
not trying to develop roads or lots or anything. We're just talking
about the overall zoning of an area.
Mark Orlicki, 20123 Irving Drive. In that case, we're opposed to the rezoning.
Mr. Morrow:
Okay. I just wanted to make sure you were clear on what our
mission was tonight. It's rezoning.
Mr. Odicki:
Another concern of ours is on the south side of the lot you
mentioned. They have an association and we don't have an
association, and we don't wish to have an association and we
don't want to be forced to join with their association.
Mr. Alanskas:
Did you say al the present time people are driving from Fargo to
Irving to a dead end, and they have to back around and go back
out?
Mr. Odicki:
When there is a backup on Farmington Road, if there's an
accident or when construction was there a couple years ago or
when traffic is real heavy, people figure they'll just cul through
our subdivision and head back out to Farmington Road and
head back southbound.
Mr. Alanskas:
Wouldn't it be better for less traffic for people to go straight
through and not have to stop and backup?
Mr. Orlicki:
No, because it goes right in front of our house and that's where
our children play.
Mr. Alanskas:
What's your address?
Mr. Odicki:
20123 Irving.
Mr. Alanskas:
I see. All right. Thank you.
Mr. LaPine:
The rezoning to me is something I don't have a problem with
because everything around there is residential. Now the
argument you're giving me that you don't want the street to go
through because you have small children, there's a lot of
subdivisions in Livonia that roads go through. A lot of kids. We
all have the same problems. When my kids were growing up,
teenagers go up the street 40 - 50 miles an hour, but it's not
really germane here. You've been fortunate that this road did
21839
not go through at the time the original subdivisions were
constructed, but I would assume that somewhere along the line
common sense would have said that Irving is going to go all the
way through.
Mr. Odicki:
We've been there for five years. We knew that the neighbor,
our kids call him Farmer, owned the properly that goes through
and that Irving was not going to go all the way through to the
other side. We've been there for five and a half years, and one
of the reasons we picked that house is because it was a nice
location, it was on a dead end, and we didn't have to worry
about traffic going through.
Mr. LaPine:
Did anybody ever tell you that there was the possibility that the
road was going to go through at some time?
Mr. Orticki:
No, because the property was privately owned.
Mr. LaPine:
Okay.
Mrs. Orlicki:
I don't see any reason why it needs to. If the homes are
constructed there, there's no reason for the streets to have to
connect, and neither subdivision wants it to connect. The
subdivision off of Fargo likes not having to have people come
zooming down their street They like d with one way in and one
way out. Also for crime reasons, its nicer to have one way in
and one way out and not have people cutting through our
subdivision and creating it as a thoroughfare. So its not going
to harm the homes. We approve that, turning it residential, and
approve making the homes. Our objection is mostly to not have
the street go through and I'm positive it can be done without
having the street go through. It's not necessary. If its a case of
it not going through for the property, then I don't want it to go
through if its subject to the street going through. So you can
approve the property on the condition of the street not going
through, and I think that's well within your rights to be able to do
that.
Mr. Walsh:
Thank you, ma'm.
Bob Morrison,
20080 Myron Drive. My property abuts the land you're talking
about. That young lady was at my home the other day, and I
explained to her that if we don't allow this road to go through,
that leaves that as maybe a prime piece of property for
someone wanting to build a commercial building. And I don't
want a commercial building abutting the back end of my
21840
properly, and I'd rather have the houses built. Now when Mr.
Soave was going to build that first subdivision, he was going to
use Myron Drive as a way to gel in. We petitioned you as the
Planning Commission not to allow that because all we'd have is
the traffic coming down Myron. So as result of that, he built a
road going into that subdivision. I thought that was fine. The
properly that he's talking about where he's going to build,
seems to me like that properly is what it should be. Well, my
children were always told not to go in the road. Now if I had the
ability or Tel's say the pleasure of having that properly dead end,
that's fine. But I don't really see the need of now allowing him to
puttheroadin. Thankyou.
Mary Peters: I live on Irving Drive. We are the new homes. We are a
subdivision that's four years old. We do have an association.
We charge $25 a year. There will be no pressure put on
anyone from the other subdivision to join us. That's all I have to
say. Thank you.
Mike Leighton, 20058 Myron. We weren't aware that Mr. Soave owned this
property until just tonight. That's one of the reasons we're here.
I will say a few years ago when Mr. Soave developed the
property behind us, he was kind enough to come and knock on
each of our doors and tell us what he planned to do. That sent
a clear signal to me that he was a man of honor and willing to
work with the concerns of those who live in the adjoining
properly. I think the same principle can be applied to what he's
doing now. I think from what I've seen, Mr. Soave is an
honorable man. We would ask him to use good judgment in
terms of developing this properly. Ideally, I would like to see it
remain as it is. I know that's not possible because our property
abuts up to the vacant property. We would like to see that
happen. We know that's not going to happen. I would much
rather see this properly be rezoned to residential and have it
developed by a man of honor, who I feel I can trust, by saying
please use good judgment, please talk to us and solicit our
thoughts about what you're planning to do. I know you would be
under no compunction to follow those desires, but I would
encourage you to at least chat with us. My fear, as echoed by
our neighbor, Bob Morrison, is that I don't want to see that
property bought up by some big developer and turned into a
commercial area. Earlier tonight we heard comments about
office space being built on some property around the Five Mile
area. We've been Livonia residents for 25 years. I drive up and
down Farmington Road just about every day going to work, and
I see so many blank empty office spaces that it just distresses
21841
me to no end. I don't want to see that happen to our properly.
I'd much rather see it zoned residential. So in summary, from
my perspective, I have no objection to having this properly
rezoned residential. I would implore Mr. Soave to please take
into account the concerns of those who are adjacent to that
property and solicit our input before he actually begins
construction. Thank you.
Kevin Priddy, 20105 Farmington. Good evening member of the Council. This is
my wife, Beth. We're two parcels north of I guess the little
square on Farmington Road. I just wanted to stale that I've
lived in the area since 1987 on Irving Drive, moving to
Farmington Road in 2000. We'd just like to say that it looks like
from the plans and everything, the plan was to have it eventually
zoned residential, complete the road. That's a whole other
issue, but it looks like the residential would make sense. We
would appreciate having houses in there rather than some other
type of development. Obviously living on Farmington Road, we
have quite a few office buildings. So I think the residential
makes sense, and I'm sure Mr. Soave will bring forward his
plans on developing the houses and any road issues or
anything at another time, but I believe the residential seems to
make sense.
Beth Priddy, 20105 Farmington. I just wanted to offer my support to Soave to
rezone the land for residential housing.
Mr. Walsh: Thank you.
Carol Priddy, 20100 Irving. I'm going to be living right next door to the properly
that's going to be developed. We've been there 15 years and
we knew eventually something was going to happen there, that
the road was eventually going to go through or some type of
development. Al this point, I'd rather see housing go through
there. So I have no problems with Mr. Soave's plans.
Mr. Walsh: Is there anybody else in the audience that wishes to speak for
or against this petition?
Mr. Morrow: Mr. Chairman?
Mr. Walsh: Yes, Mr. Morrow.
Mr. Morrow: If there is no one else, can I just have one quick thing I'd like to
add?
21842
Mr. Walsh:
Let's first close the public hearing, and then we'll go to a motion
and commentary.
Mr. Morrow:
I just have a comment relative to the public hearing.
Mr. Walsh:
Okay, then I won't close it. Please go ahead.
Mr. Morrow:
There a way lady, forgive me I forgot her name, and she had
made some reference to conditioning the zoning. By all that I
know about what we're allowed to do, we're precluded from
conditioning the zoning in any manner this evening. Either it's
zoned R-3 or its not zoned. We can't condition it. Is that
correct, Mr. Chairman?
Mr. Walsh:
That's correct.
Mr. Morrow:
Thank you.
Mr. Walsh:
Does the pefifioner have any Iasi words?
Mr. Soave:
Thank you very much. Before we fled this pefition, I talked to
the concerned properly owners on both sides of this property,
and at that time, nobody had any problems with it. I dont know
if you recall, but when we came for site plan approval for
Crosswinds Estates, one of the issues was that the road wasn't
being extended. So now, we have the opportunity to lie these
roads in together, and it would seem to me, that anybody that
would buy that piece of property or a house adjoining it would
know that eventually the road would go through. Thank you
very much.
Mr. Walsh:
Thank you. With that, I'm going to close the public hearing, and
a motion is in order.
On a motion by
LaPine, seconded by Morrow, and unanimously adopted, it was
#11-145-2004
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on November 16, 2004,
on Petition 2004-10-01-13 submitted by Leo Soave Building
Company, Inc., requesting to rezone the wesledy porton of the
properties at 20013, 20015 and 20019 Farmington Road,
located on the west side of Farmington Road between Fargo
Road and Norfolk Road in the Northeast 1/4 of Section 4 from
RUFA to R-3, the Planning Commission does hereby
recommend to the City Council that Petition 2004-10-02-13 be
approved for the following reasons:
21843
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 consistent with the
developing character of the area;
3. That the proposed change of zoning is consistent with the
Future Land Use Plan designation of Low Density
Residential land use in this general area; and
4. That the proposed change of zoning represents an
extension of an existing zoning district occurring on
adjacent properties to the north, west and south.
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. Walsh, 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 2004-10-02-32 BOBCAT
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
10-02-32 submitted by DeWulf Associates, on behalf of Bobcat
of Motor City, requesting waiver use approval for the outdoor
display and storage of Bobcat construction vehicles at 31231
SchoolcmR Road, located on south side of Schoolcraft Road
between Merriman Road and Middlebell Road in the Northwest
1/4 of Section 26.
Mr. Taormina presented a map showing the properly under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Nowak: There are four items of correspondence. The first item is from
the Engineering Division, dated October 20, 2004, which reads
as follows: "Pursuant to your request, the Engineering Division
has reviewed the above -referenced petition. We have no
objection to the proposal or legal description provided at this
time. Additional right-of-way is not required at this time. This
21844
development may require storm water detention under the
Wayne County's Storm Water Management Ordinance. The
proposed storage area should be drained into catch basins
which can outlet to an existing storm sewer on the south and
west side of the parcel." The letter is signed by Robert J.
Schron, P.E., City Engineer. The second letter is from the
Livonia Fire & Rescue Division, dated November 3, 2004, which
reads as follows: `This office has reviewed the site plan
submitted in connection with a request for Waiver Use approval
by Bobcat of Motor City for outdoor display and storage of
vehicles on property located at the above -referenced address.
We have no objections to this proposal and have no concems
with respect to traffic, points of ingress and egress, site capacity
to accommodate the proposed use as related to off-street
parking or any other safety matters." The letter is signed by
Randall D. Tromblay, Fire Marshal. The third letter is from the
Division of Police, dated October 15, 2004, which reads as
follows: We have reviewed the plans in regards to the proposal
for outdoor display and storage of construction vehicles. We
have no objections to the plans as submitted except that two
handicap parking spaces are required and only one is
indicated." The letter is signed by Wesley McKee, Sergeant,
Traffic Bureau. The fourth letter is from the Inspection
Department, dated October 29, 2004, which reads as follows:
"Pursuant to your request of October 15, 2004, the above -
referenced petition has been reviewed. The following is noted.
(1) This plan has issues to be resolved not detailed on it (a)
There is an existing drainage basin in the southwest area that
has old fencing around it. No mention is made of this. A
clearance from Engineering must be obtained to change this.
(b) There are approximately 25 parking spaces, marked and
utilized on the east property side by Livonia Commerce Center.
Are there cross -parking easements in existence or can this
parking be removed without adverse effects? This Department
has no further objections to the petition." The letter is signed by
Alex Bishop, Assistant Director of Inspection. That is the extent
of the correspondence.
Mr. Walsh: Is the petitioner here this evening?
Dennis DeWulf, DeWulf Associates Architects, 27206 Harper, Sl. Clair Shores,
Michigan 48081. First, I'd like to request that all compass points
be called west. Thank you, Mr. Taormina, for that description. I
normally do that and you've said more than I nornally would
have said in a situation like this. I don't know what else I can
answer for you. I'd be happy to answer your questions. I do
21046
have some magazines here that Mr. Linville, the General
Manager of Bobcat of Motor City, has brought with him in case
any of you would like to see the kinds of vehicles that they
propose to sell and rent at this facility.
Mr. Walsh:
If you give those to Ms. Roney she will pass them out to each of
us.
Mr. DeWulf:
Typically, they are what are known as Bobcats, and if any of you
are familiar with construction sites, you'll see Bobcats skidding
all over the place. They're little machines. They're little end
loaders, little backhoes, small construction implements. What
Bobcat of Motor City intends to do is sell and rent them to the
construction industry. Their primary customer is the
construction industry. They do not sell retail. They sell to the
construction industry on a daily Monday through Friday basis
from between the hours of 7:00 a.m. and 6:00 p.m. The
purpose for the petition is to construct a storage lot to provide
protection for these valuable little tools that are very much in
demand. That was what the petition this evening is for.
Previously there was a CAT dealer, Caterpiller dealer, in there I
think three or four years ago. When Caterpiller merged with
another company, they vacated the premises. Well, we go from
a CAT to a Bobcat and similar situation, smaller vehicles. If
there's anything I can answer, I'd be more than happy to do so.
Mr. Morrow:
One question I had is, will all of the Bobcats and related
equipment be stored behind the fence?
Mr. DeWulf:
Yes, sir.
Mr. Morrow:
So we can look forward to no type of display as we gel up to
SchoolcraR Road?
Mr. DeWulf:
Al the present time, that is the plan. I know that Bobcat likes to
put display pads out near the street in many communities. If
they should decide to do that, they will petition you for that
permission. The present plan is not to include that.
Mr. Morrow:
I'm pleased to hear that. I don't want to tie you down to any
specific numbers, butjust give me a kind of a count.
Mr. DeWulf:
Sixty.
Mr. Morrow:
Sixty?
21846
Mr.
DeWulf:
There will be about 60 vehicles.
Mr.
Morrow:
Sixtyvehicles ofdifferent types?
Mr.
DeWulf:
Differentlypes, different footprints.
Mr.
Morrow:
Thatwe'II find in this brochure?
Mr.
DeWulf:
Typically that area that you have there would accommodate
about 60 vehicles.
Mr.
Morrow:
And I do see a lot of Bobcats running around town. Thank you.
Mr.
Alanskas:
How high is the chain link fence going to be?
Mr.
DeWulf:
We will make it whatever height you'd like it to be.
Mr.
Alanskas:
Okay. You will not have any barbed wire fence?
Mr.
DeWulf:
No.
Mr.
Alanskas:
Okay. Thankyou.
Mr.
DeWulf:
Would you have a request for height?
Mr.
Alanskas:
Mark, is itfive feet on the chain link fence in M-1?
Mr.
DeWulf:
We're concerned about security, and certainly if you say six or
eight feet. ..
Mr.
Alanskas:
As long as you slay within the ordinance. I think its five feet.
Mr.
Taormina:
I would say they would prefer a minimum of six feet and
probably could go as high as seven feel.
Mr.
Alanskas:
Whatever the ordinance is and as long as there's no barbed
wire, that's fine.
Mr.
DeWulf:
Six feel is what is presently there, and that's what they would
request.
Mr.
Alanskas:
All right. Thank you.
Mr.
LaPine:
Just two questions. In the letter we got from the Inspection
Department, they mention there is 25 parking spaces marked
21847
and utilized on the east property line by the Livonia Commerce
Center. That's the building to the east of you.
Mr. DeWulf:
Yes. Thats to the west, by the way.
Mr. LaPine:
To the west, well, whatever. You don't have any problem with
that. I mean, you don't have any agreement with them that they
can use your parking and you can use theirs, do you?
Mr. DeWulf:
Yes. I'd like Mr. Kim Linville, the General Manager of Bobcat of
Motor City, to answer that. He's aware of the history of that.
Kim Linville, Bobcat of Motor City, 6991 Auburn Road, Utica, Michigan 48317.
No, we have no intention of utilizing that, but I know the current
owner and the owner of that facility next door have had
discussions on those parking spots, but we have no plans to
use them.
Mr. LaPine:
You don't really need that parking.
Mr. Linville:
No, we don't.
Mr. LaPine:
The other question I have, on your plans it says "proposed chain
link fence" You have a chain link fence out there now. Do you
not? Is that coming down and you're pulling up a new one? Is
that your plan?
Mr. Linville:
Its basically just moving it. What direction is that now?
Mr. DeWulf:
West.
Mr. Linville:
Moving it north a little bit where it currently is.
Mr. LaPine:
Okay. And then in the rear there where there's kind of a swale,
that's all going to be evened off and asphalt put down?
Mr. Linville:
Yes, that is correct.
Mr. DeWulf: The fence will probably have to be removed in its entirety
because the grade is so high on the properly.
Mr. LaPine: That's what I figured.
Mr. DeWulf: Its higher by about three feet than the surrounding properties.
Mr. LaPine: And it is in pretty bad shape.
21848
Mr. DeWulf:
As part of the program, the property would be brought down to
be more in keeping with its surroundings, and at that point, the
fence would have to be lowered.
Mr. LaPine:
Now, what community are you moving from?
Mr. Linville:
We're currently in Utica and we're opening up a facility in
Clinton Township right now. This will be our second location.
Mr. LaPine:
We welcome you to Livonia.
Mr. Linville:
Thank you.
Mr. Taormina:
Just a point of clarification regarding the parking on the east
side of the properly. As you can see from this photograph, the
area in question is located south of the building. You can see
where the parking spaces extend onto the petitioner's lot. If we
look at the site plan, they are showing this area as part of their
storage lot. But as I understand it this evening, they're going to
pull that fence back even with the building and keep those
parking spaces for use by the adjacent property.
Mr. Linville:
Yes, the fence currently is even with the building. We plan to
just keep it there.
Mr. Taormina:
Right along this line here, which is even with the building.
Mr. Linville:
Yes, that's correct.
Mr. Taormina:
Because the site plan would have to be modified to reflect that.
Mr. Walsh:
Is there anybody in the audience that wishes to speak for or
against this petition?
Steve Vlahakis,
22140 Perth Court, Novi, Michigan 48374. I own the property,
and Ijust want to welcome the fact that we have a national
company coming to Livonia. The building has been empty for
four years. We did have one tenant in there but they didn't pay
their rent. We welcome the opportunity to have Bobcat in our
building.
Mr. Walsh:
Thank you for being here tonight. We appreciate it. Seeing no
one else wishing to speak on this item, I'm going to close the
public hearing. A motion is in order.
21849
Mr. Piercecchi: I will offer a motion to approve. I find this proposal meets our
landscaping requirements. The designated equipment will be
located and confined in improved areas, and there will be
minimum modification tothe building.
On a motion by Pieroecchi, seconded by Alansakas, and unanimously adopted, it
was
#11-146-2004 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on November 16, 2004,
on Petition 2004-10-02-32 submitted by DeWulf Associates, on
behalf of Bobcat of Motor City, requesting waiver use approval
for the outdoor display and storage of Bobcat construction
vehicles at 31231 SchoolcraR Road, located on south side of
SchoolcmR Road between Merriman Road and Middlebelt Road
in the Northwest 1/4 of Section 26, the Planning Commission
does hereby recommend to the City Council that Petition 2004-
10-02-32 be approved for the following reasons:
1. That the Site Plan marked Sheet A prepared by DeWulf
Associates Architects, dated October 14, 2004, is hereby
approved and shall be adhered to;
2. That the Building Elevations and Interior Renovations Plan
marked Sheet B prepared by DeWulf Associates
Architects, dated October 14, 2004, is hereby approved
and shall be adhered to;
3. That the outdoor display and/or storage of construction
vehicles and equipment shall only occur within the
designated fenced area comprising the rear yard and a
portion of the west side yard as shown on the above -
referenced site plan;
4. That the required number of handicapped accessible
parking spaces shall be provided and these spaces shall
be properly sized, marked and signed;
5. That the entire area to be utilized for the outdoor display
and/or storage of construction vehicles and equipment
shall be paved with asphalt, and said storage area shall be
properly graded and drained to dispose of all surface water
in a manner as approved by the Engineering Division;
6. That a dumpster enclosure shall be provided in the
northwesterly portion of the display/storage area as shown
21850
on the Site Plan, which shall be constructed of brick-
texlured cast -in-place concrete walls and with metal
enclosure gates which shall be properly maintained and,
when not in use, closed at all times;
7. That all exterior lighting shall be properly shielded and shall
not exceed 20 feel in height above grade;
8. That the construction vehicles and equipment shall be
stored in an orderly manner in the designated area as
shown on the Site Plan, and there shall be no outdoor
storage of disabled or inoperative vehicles or equipment,
scrap material, debris or other similar items;
9. That all landscaped and sodded areas shall be
permanently maintained in a healthy condition; and
10. That the plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the
building permits are applied for.
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 Sections 16.11 and 19.06 of
the Zoning Ordinance #543;
2. Thatthesubject propertyhas 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. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
resolution.
21851
Y 1:4 1 i E'i=:J =k 1 It 1 [a] C FIQiL 5 I[eIzYHa6Y69 C\ Y [a]
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
10-02-33 submitted by Byblos General Contracting requesting
waiver use approval to demolish an existing gas station and
replace it with a new gas station and carryout restaurant with
seating at 36421 Plymouth Road, located on the south side of
Plymouth Road between Levan Road and Raleigh Avenue in
the Northwest 1/4 of Section 32.
Mr. Taormina presented a map showing the property under pefition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Nowak: There are five items of correspondence. The first item is from
the Engineering Division, dated October 21, 2004, which reads
as follows: "Pursuant to your request, the Engineering Division
has reviewed the above -referenced petition. We have no
objection to the proposal or legal description provided at this
time except as noted below. Additional right-of-way is not
required at this time. There is currently no storm sewer on the
site. They would be required in conjunction with the new
development. Sewers are available in Levan Road or Plymouth
Road. A permit will be required from the Michigan Department
of Transportation if the Plymouth Road sewer is used." The
letter is signed by Robert J. Schron, P.E., City Engineer. The
second letter is from the Livonia Fire & Rescue Division, dated
November 3, 2004, which reads as follows: "This office has
reviewed the site plans submitted in connection with a request
to demolish an existing gas station and replace it with a new gas
station that will include a carryout restaurant on property located
at the above -referenced address. We have no objections to this
proposal and have no concerns with respect to traffic, points of
ingress and egress, site capacity to accommodate the proposed
use as related to off-street parking or any other safety matters."
The letter is signed by Randall D. Tromblay, Fire Marshal. The
third letter is from the Division of Police, dated October 15,
2004, which reads as follows: We have reviewed the plans in
regards to the proposal to demolish an existing gas station and
replace it with a new gas station with a carryout restaurant. We
submit the following recommendations for your consideration:
(1) Recommend 'No Left Tum' sign at the eastemmost
driveway exiting to Plymouth Road. (2) Recommend height
signs for the canopy over the gasoline pumps. The handicap
parking space must be property posted." The letter is signed by
21852
Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is
from the Inspection Department, dated October 28, 2004, which
reads as follows: "Pursuant to your request of October 28,
2004, the above -referenced petition has been reviewed. The
following is noted. (1) The front yard on this site is actually
Levan Road even though Plymouth Road appears as the front
yard. Therefore, the front yard setback at 46 feet is deficient of
the 60 feet required and will need a variance from the Zoning
Board of Appeals to be built as proposed. (2) The existing
protective screen wall averages slightly less than five feet and
will need to be raised to meet minimum standards. (3) This plan
shows existing light poles and bases to remain. Only the pole in
the northeast area exists and it is in poor repair. The plan
should be adjusted to show new light poles and new bases, all
properly directed and shielded. (4) The existing concrete
approach on Levan is in poor repair. (5) The handicap
accessible parking space must be 8 feet wide with an adjacent 8
foot aisle, marked as van accessible. It is assumed there is no
curb at the aisle. (6) The point -0f --sale counter must be barrier
free also in addition to the other required areas. (7) The
depiction of the parcel orientation on the vicinity map is
incorrect" The letter is signed by Alex Bishop, Assistant
Director of Inspection. The next letter is from the Plymouth
Road Development Authority, dated October 25, 2004, which
reads as follows: With reference to the above, the Plymouth
Road Development Authority at their Board meeting of October
21, 2004, reviewed with the owner's representative and their
architect plans for the redevelopment of the property. Plans
reviewed consisted of the site plan, building elevations plan,
landscape plan and site detail sheet. All the plans were well
received by the Board. The Board especially liked the proposal
to incorporate the PRDA's brick pier and simulated wrought -iron
fence detail with related landscape planting in their front yard
adjacent to Plymouth Road. The Plymouth Road Development
Authority enthusiastically supports this development proposal."
The letter is signed by John J. Nagy, PRDA Director. That is
the extent of the correspondence.
Mr. Walsh: Is the petitioner here this evening?
Nasser Choucair, Byblos General Contracting, P.O. Box 607, Dearborn Heights,
Michigan 48127.
Mr. Walsh: Is there anything you'd like to add to the presentation?
Mr. Choucair: Not really. You've said more than enough.
21853
Mr. Alanskas:
What kind of restaurant will that be?
Mr. Choucair:
I guess it's going to be a Subway.
Mr. Alanskas:
It is going to be a Subway?
Mr. Choucair:
Yes. We have like six or eight seats.
Mr. Alanskas:
Our notes say 12 seats.
Mr. Choucair:
It depends on our parking spaces.
Mr. Alanskas:
But it definitely will be a Subway?
Mr. Choucair:
Yes.
Mr. Alanskas:
On your lop page for your canopy looking at the side view,
you're showing that you're going to have four rows of recessed
lights. How many total lights are you going to have on the
canopy?
Mr. Choucair:
Do we have that section for the canopy? It's going to be
recessed light.
Mr. Alanskas:
I know its going to be recessed, but how many lights are you
going to have?
Mr. Choucair:
We're going to have these lights four feet apart in this canopy,
so we're going to have around 30.
Mr. Alanskas:
Around 30. And why did you pick 320 wattage for these lights?
Mr. Choucair:
These lights they would be best instead of putting 415. Il would
be so bright a candle, that the light, when we do a photometric,
the light is going to go out of the area. So what we do, we pick
these lights because they're going to be condensed under the
canopy, and they won't flood outside the area.
Mr. Alanskas:
The reason I'm asking is because we have a few stations that in
the evening look like a lighted ballpark because it's so high in
wattage. What is the next lower wattage on the light from 320
that you could put in there?
Mr. Choucair:
We can go to 250.
PAW,*l
Mr. Alanskas:
The reason I ask is because there's a Sunoco station on the
corner of Haggerty and Five Mile and there's one on Plymouth
Road and Eckles. Unfortunately, I didn't slop in there to see
what their wattage is, but it's very, very bright. I want to make
sure on this corner we don't have that problem because it can
be intrusive with that much lighting. So you could go down to
250?
Mr. Choucair:
Yes, but I think any canopy which has lights, not the way its
designed in this one, would be very bright because of the drop
light.
Mr. Alanskas:
We have a lot in here that are recessed, but they're still very
bright. Do you know what the wattage is at the Mobil station
across from you?
Mr. Choucair:
Where?
Mr. Alanskas:
Right across the street from you.
Mr. Morrow:
Its a Shell station.
Mr. Alanskas:
Its a Shell station, right.
Mr. Choucair:
I have no idea.
Mr. Alanskas:
I'm going to drive by there. I just want to check to see what the
wattage is because I want to make sure the canopy is not too
bright on that comer. Thank you.
Mr. Pieroecchi:
Mark, where is this 46 feel here? I'm looking at these plans
here, and I don't see any numbers that show 46 feel.
Mr. Taormina:
Its the setback of the building from Levan. Mr. Nowak just
pointed out to me that it's not shown anywhere on the site plan,
but it scales out to about 46 feel. Actually, I see a dimension
here of 42 feel, but that's not the setback of the building, that's
actually the width of the driveway. So add to that a few feet in
either direction, and you have about 46 feel. So from the
easterly most projection of the building where the bump -out is
located to the right -0f --way, which is coterminous with the
sidewalk, that setback is aboul46 feel.
Mr. Piercecchi:
Okay, and it should be 60.
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Mr. Taormina:
It should be 60 only by virtue of the fact that this is considered
the front yard given the narrower frontage along Levan as
compared to Plymouth Road.
Mr. Piercecchi:
If the bump -out was eliminated, then it would probably meet it?
Mr. Taormina:
No, I dont believe so. I dont think the bump -out is 14 feel.
Mr. Piercecchi:
It looks like it's 13 feel or so?
Mr. Choucair:
Yes, 13 feel and inches.
Mr. Taormina:
The bump -out itself is?
Mr. Choucair:
No, not that bump -out. The island around the bump, it's 13 feel
and inches by 63 feet to the back of the building.
Mr. Piercecchi:
There's the 14 feet then, isn't it?
Mr. Choucair:
The diameter is 9 feet.
Mr. Piercecchi:
That is one way to meet the 60 foot requirement.
Mr. Choucair:
Yes, but the conceptual idea of this building, the architectural
work that was performed on this site to create traffic flow in
terms of design ... when you're trying to meet that requirement
and we're trying to put some nice design in there. So that's why
we came out with this bump and the other canopy over the door
so we would attract the eye on that corner.
Mr. Piercecchi:
I'm not questioning the design. I'm just staling that this will have
to go to the Zoning Board of Appeals, and you may or may not
be granted that 14 feet.
Mr. Choucair:
The 60 feel.
Mr. Piercecchi:
Yes. To gel to the 60, I'm just offering you some suggestions
on ways to meet that. We can only approve it subject to the
Zoning Board of Appeals granting you a waiver on that. I want
you to know that. We cannot grant that here. That would be a
Zoning Board of Appeals action.
Mr. Choucair
Forthe 60 foolvariance, right?
Mr. Piercecchi:
They could very well give it to you. I'm not saying they won't,
but I'm saying that tonight here, if we grant approval to this, and
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we probably will because it looks like a very nice building, but
our motion will be subject to approval of the Zoning Board of
Appeals.
Mr. Choucair:
If they didn't approve us, we would have to cut the building
down and move it. If they do, we go ahead.
Mr. Pieroecchi:
Well, whatever. That's something you negotiate with them.
Ms. Smiley:
I see you changed your driving patterns going in.
Mr. Choucair:
Yes, to make it more convenient, I put some cars in there so
you can see exactly that these cars are going to go to the back
and pull out. So we have 40 feet from where that car is parked
on the left hand side, and parked in the front of the building, we
have 20 feet over there, so that's enough space for any two cars
to pull up.
Ms. Smiley:
That's a real improvement from what we saw the other evening.
Mr. Choucair:
I know.
Ms. Smiley:
Thank you. We appreciate it.
Mr. LaPine:
One of the points that the Inspection Department made is about
the light posts that are in pretty bad shape. Are you going to
replace all the light posts?
Mr. Choucair:
Yes. Even the approaches are going to be replaced because
the tanks are going to be pulled out. So whatever you see on
that site is going to be completely redone.
Mr. LaPine:
The second question I have, when this is completed, will it be a
24-hour operation?
Mr. Choucair:
Yes.
Mr. LaPine:
I, for one, have no problem with the lights because it's a 24-hour
operation. I think the more lighting we have, the better chance
we have of not having any car jackings and things like that. I
think it's good for safety. The other thing I'd like to say, I am
really enthusiastic about your proposal. This is the first gas
station I've seen in all the years I've been around here that isn't
four walls. I like the design, the bump -out, the way the front
looks and everything. I think it's a unique design, something we
21857
don't have in Livonia for gas stations, and I commend you for
doing such a lernfc job. I think it's a real good concept.
Mr. Choucair: Thank you.
Mr. Morrow: Just a couple of minor questions as it relates to restroom
facilities for your customers. Will it be a men and women or a
unisex or how will that work?
Mr. Choucair: Just a unisex restroom. probably if we need we can add one for
the employees, a small one. But we have one handicapped
unisex bathroom for the Subway customers.
Mr. Morrow: Okay. If you think that's adequate, I dont have a problem with
that. I assume you have free air there. You don't charge for
your air?
Mr. Choucair: I dont think so
Mr. Morrow: Our ordinance precludes that. You have to give free air to your
customers.
Mr. Alanskas: Lel me ask you a question. Is this your first station or do you
have other stations?
Mr. Choucair: Myself? I have nothing. I onlydo blueprints.
Mr. Alanskas: In these stations where you have a convenience store, is the
main objective selling gasoline or having a convenience store?
Mr. Choucair: Actually, both.
Mr. Alanskas: I know you have both, but which one is your main thing?
Mr. Choucair: Both of them, that's what I meant.
Mr. Alanskas: Okay. The reason I'm asking is why do you need a building that
big? It's 3,000 square feel for a convenience store.
Mr. Choucair: In these days, we don't depend on gasoline anymore. We
depend on the "C" store. Some days we depend on the
gasoline but most of the time, you're making only pennies with
the gas. The "C" store makes the most money. In this project,
we're using 3,000 square feet for the "C" store and 1,000 square
feet for the restaurant.
21656
Mr. Alanskas:
Al this site, can people just pull in and pick up the pump and
start pumping gas, or do they have to go in and give you the
money first?
Mr. Choucair:
No. They have pumps with the latest technology. They have a
credit card machine and everything.
Mr. Alanskas:
I mean some stations where you're paying cash, they make you
go inside first.
Mr. Choucair:
Atter dark you have to go in and pay.
Mr. Alanskas:
I just wanted to make sure. It's a safety factor. That's all.
Okay. Thankyou.
Mr. Choucair:
Atter dark only.
Mr. Shane:
See the parking spaces you have designated on the east side of
the site as 15, 16 and 17?
Mr. Choucair:
Yes, sir.
Mr. Shane:
I hope there is employee parking in mind for those three sites
because they're going to be a little difficult to gel out of.
Mr. Choucair:
It looks fight because I have the dumpster loading zone there.
But there is enough space I think to back up because you have
45 feel. With 30 degrees or 45 angle packing, you would have
like 17 feel, that would be approximately 20 feel of space. So
that's more than enough I think.
Mr. Shane:
If I were you, I would impress upon the owner of this site that he
ought to use those for employee parking. I'd designate it as
employee parking because it's going to be a little difficult to get
in and out. Thank you, sir.
Mr. LaPine:
I had the same concern Mr. Shane had, but I came to the
conclusion that where you say "loading zone," that's where
trucks are going to come and park and unload pop and potato
chips.
Mr. Choucair:
Exactly.
Mr. LaPine:
So that space won't be taken all the time. Then when the
garbage trucks come, they can pick up the trash.
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Mr. Choucair:
Exactly.
Mr. LaPine:
So that space won't be occupied all the time.
Mr. Choucair:
The garbage pickup is going to be early in the morning or late
afternoon. The guys that bring the chips or the groceries or the
pop, they would be there about half an hour. They unload and
then just lake off.
Mr. Alanskas:
In any station, you can only put outside something that is
petroleum based. In other words, you can't store pop and chips
outside in the driveway. It has to be windshield washer solvent
or antifreeze. You're allowed to put that out there, but thafs
about it.
Mr. Choucair:
We have enough storage inside this gas station that it will be
more than enough to store things.
Mr. Alanskas:
You won't have any empty cases of pop outside waiting for
pickup? It will all be inside?
Mr. Choucair:
No. It will all be inside. They will bring in the pop and take out
the empties.
Mr. Walsh:
Are there any other questions from the Commissioners? Seeing
none, we will go the audience. Is there anybody in the audience
that wishes to speak for or against this petition? I see no one
coming forward. Yes, Mr. Taormina.
Mr. Taormina:
I have a question to the petitioner regarding the light standards.
Do we have a plan showing where the light poles will be
installed?
Mr. Choucair:
Yes. We're going to have one near the dumpsler on the side.
Next, down all the way to where the bushes are, in between the
bushes. We have another there and there's another and we
have one next to the other approach.
Mr. Taormina:
Could you describe the design of those lightfixtures?
Mr. Choucair:
They are going to be an L shape, and they are going to be
brown or while in color or black.
Mr. Taormina:
A shoebox-type fixture?
21860
Mr. Choucair:
Yes.
Mr. Taormina:
Our concern is that we have a shoebox style fixture or
something that's a full cutoff so there won't be any light
protrusion onto the neighboring properly to the south. We are a
little uncertain relative to the design of those lights fixtures, but
because this is immediately adjacent to a residenfial property,
we thought that we better have something that has some type of
a cutoff feature or can be shielded to prevent glare onto that
adjacent properly. Secondly, with respect to the landscaping
along the south side of the property, he has added a number of
shrubs. We had requested that those be evergreen shrubs or
trees, and I'm not sure whether or not your plan details the
species of these. There's some confusion over that, but we
were hoping that evergreen trees would be added along the
south property line to supplement the Maple trees for some
additional screening adjacent to the house back there.
Mr. Alanskas:
They're showing seven Maples.
Mr. Choucair:
There are 60 pieces. I don't have the chart in front of me, but
we added another 15 in the back.
Mr. Walsh:
Could you tell us what species they are? Are they evergreens?
Mr. Choucair:
Some of them, like this one here.
Mr. Taormina:
What we would recommend, Mr. Chairman, is that the
landscape plan be modified so as to show some full size
evergreen trees along the south property line to supplement the
screening back there.
Mr. Walsh:
Very good. Is there anything else, Mr. Taormina?
Mr. Taormina:
No.
Mr. Walsh:
There was no one in the audience, so I will close the public
hearing. A motion is in order.
On a motion
by Shane, seconded by Piercecchi, and unanimously adopted, it
was
#11-147-2004
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on November 16, 2004,
on Petition 2004-10-02-33 submitted by Byblos General
Contracting requesting waiver use approval to demolish an
21861
existing gas station and replace it with a new gas station and
carry -out restaurant with seating at 36421 Plymouth Road,
located on the south side of Plymouth Road between Levan
Road and Raleigh Avenue in the Northwest 114 of Section 32,
the Planning Commission does hereby recommend to the City
Council that Petition 2004-10-02-33 be approved subject to the
following conditions:
1. That the proposed Site Plan prepared by Byblos General
Contracting, Inc., dated November 16, 2004, is hereby
approved and shall be adhered to;
2. That the Landscape Plan prepared by Byblos General
Contracting, Inc., dated November 16, 2004, is hereby
approved and shall be adhered to, with the modification
that additional evergreens be added along the south
property line, and with the stipulation that the landscaping
shown for the landscape area adjacent to the Plymouth
Road right-of-way shall be in accordance with the
Plymouth Road streetscape design plan formulated in
connection with the PRDA Plymouth Road Beautification
Project;
3. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
4. That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition;
5. That the Building Elevations Plan prepared by Byblos
General Contracting, Inc., dated November 16, 2004, is
hereby approved and shall be adhered to;
6. That the brick used in the construction of the building shall
be full -face four -inch brick, no exceptions;
7. That the pump island canopy shall not exceed eighteen
(18') feet in height, and the lights within the desk on the
underside of the canopy shall be recessed in such a way
lhalthe intensity ofthe illumination is decreased;
8. That the support columns of the pump island canopy shall
be covered with the same brick used in the construction of
the building;
21862
9. That all pole -mounted light fixtures shall be shielded and
shall not exceed a maximum overall height of twenty (20')
feet above grade;
10. That the three walls of the dumpster enclosure shall be
constructed 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, which shall be metal,
shall be maintained and when not in use closed at all
times;
11. That the maximum number of customer seats in the carry-
out restaurant shall not exceed 12;
12. That no outdoor storage, placement or display of
merchandise shall be permitted at any time on this site;
13. That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted
for review and approval by the Planning Commission and
City Council;
14. That no LED lighlband or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows;
15. That the petitioner shall correct to the Inspection
Department's satisfaction the following items as outlined in
the correspondence dated October 28, 2004:
- That the existing prolective wall averages slightly less
than five feet and will need to be raised to meet
minimum standards;
- That the plan shall be adjusted to show new light poles
and new bases, all properly directed and shielded;
- That the existing concrete approach on Levan shall be
repaired;
- That handicapped parking shall be provided as
required;
16. That this approval shall incorporate the following
recommendations of the Traffic Bureau listed in the
correspondence dated October 15, 2004:
21863
- Installation of "no left turn' sign at the easternmost
driveway exiting to Plymouth Road;
- Installation of height signs for the canopy over the
gasoline pumps;
17. That all rooftop -mounted mechanical equipment shall be
completely screened from view;
18. That this approval is conditional upon the petitioner being
granted a variance by the Zoning Board of Appeals for
deficient building setback from the Levan Road right-of--
way line;
19. That all parking spaces within the site be double striped;
and
20. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for.
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 Sections 11.03 and 19.06 of the Zoning Ordinance
#543;
2. That the subject site has the capacity to accommodate the
proposed use; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
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. Walsh:
Is there any discussion on the motion?
Ms. Smiley:
I just want to compliment you on the nice job you did with the
landscaping and following the Plymouth Road streetscape down
Levan. It's very attractive.
Mr. Walsh:
Thank you, Ms. Smiley.
21864
Mr. Alanskas: I'm just anxious for you to gel this thing going. After you go to
Council, and I'm sure you'll gel approval, how long before you'll
have this done?
Mr. Choucair: When we get the permits, we'll start construction.
Mr. Alanskas: You'll start even in cold weather?
Mr. Choucair: Not really. This year is done. We will have to wail until April.
Mr. Alanskas: So it will be June or July before you get it done?
Mr. Choucair: Actually, we're trying to get it in April, so we can start.
Mr. Alanskas: Really? Goodluckloyou.
Mr. Choucair: Thank you.
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
resolution.
ITEM #5 PETITION 2004-09-06-04 FENCES
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
09-06-04 submitted by the City Planning Commission, pursuant
to Council Resolution #379-04, 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 18.29 and 18.49 of Article XVIII of Zoning Ordinance
#543, as amended, to amend certain regulations pertaining to
fences.
Mr. Taormina: This proposed language amendment was initialed by the City
Council. It amends Sections 18.29 and 18.49 of the Zoning
Ordinance pertaining to fences. The proposed amendment to
Section 18.29 would delete the reference to Section 5-1009 of
the Code of Ordinances, as it relates to provisions that, in any
RUF or AG district, fences may be constructed in the front yard
of any lot. The proposed language amendment to Section
18.49, "Fences," will state that yards may be used for fences
and similarslmctures as selforth in Chapter44 of Title 15 ofthe
Livonia Code of Ordinances. In essence, what these
amendments are doing is simply cross-referencing Chapter 44,
which is the code which establishes all the regulations
21865
pertaining to fences. The thrust of the changes deals mainly
with the required setbacks for fences on corner lots in
residential zones, but that is not a part of our Zoning Ordinance
standards. That is a separate chapter within the Code of
Ordinances. Thank you.
Mr. Walsh: Are there any questions from the Commissioners for the staff?
Hearing none, is there anybody in the audience that wishes to
speak for or against this petition? Seeing no one in the
audience, I will close the public hearing. A motion is in order.
On a motion by Alanskas, seconded by LaPine, and unanimously adopted, it was
#11-148-2004 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on November 16, 2004,
on Petition 2004-09-06-04 submitted by the City Planning
Commission, pursuant to Council Resolution #379-04, 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 18.29 and 18.49 of Article
XVIII of Zoning Ordinance #543, as amended, to amend certain
regulations pertaining to fences, the Planning Commission does
here recommend to the City Council that Petition 2004-09-06-04
be approved for the following reasons:
1. That the proposed language amendment will provide
consistency in the fence regulations between Sections
18.29 and 18.49 of the Zoning Ordinance and Chapter 44
of Ti0e 15 of the Livonia Code of Ordinances; and
2. That the proposed language amendment will provide
consistency in the fence regulations between all single-
family residential zoning districts.
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. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
resolution. This concludes the public hearing portion of this
meeting. We will now proceed with the Miscellaneous Site Plan
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?
21866
Y 1:4 1i E'd�9=k 1 It I D] C IUxN1_11! 11l =Fe691
Ms. Smiley, Secretary, announced the next item on the agenda, a request for a
one-year extension by The Village Shops of Wonderland East of
all plans in connection with Petition 2003-09-08-24, which
received site plan approval to construct a commercial
development on properly located at 29859 Plymouth Road in
the Northeast''/. of Section 35.
Mr. Taormina:
The petitioner is requesting a one-year extension of the
approvals granted in connection with the development of Phase
I East of the new commercial center to be located on a portion
of the Wonderland Mall property. The City granted Site Plan
Approval on November 5, 2003 (CR 582-03). In a letter dated
October 19, 2004, the petitioner explains that due to
"extenuating circumstances that have adversely affected the
progress of the development of this project," they would not be
able to begin before the expiration of City Council approval.
That is the reason they're asking for the extension. Thank you.
Mr. Walsh:
I'd like to note for those watching on television that there is a
companion request. Item 7 deals with a similar request for the
Village Shops and that would be Phase I West. So we may
have an opportunity to discuss both of them, but we will vole on
them separately. Are there any questions for the staff before we
go to the petitioner? Seeing none, I know Mr. Schoslak is in the
audience.
Bob Schostak,
Schostak Brothers & Company, 25800 Northwestern Highway,
Suite 750, Southfield, Michigan 48075. Good evening.
Mr. Walsh:
Is there anything you'd like to add to the presentation?
Mr. Schostak:
There's probably a lot of questions, and maybe I'll help address
some of those by a few remarks if I may. The Wonderland
project is a project. It's taking far more time than we certainly
anticipated. It's public knowledge that there's some litigation
pending and that, of course, is causing us further delays. I
comment to you that I've been in the business 28 years as of
Iasi August. Most of those years I've been in front of this Board
and the Council talking about Wonderland. So we know the
properly well, as I know all of you do. I know it's a project, a
properly of grave concern. It has great implications to Plymouth
Road, the PRDA and the residents at large. We're very
cognizant of it. The development business in itself, some of the
projects you reviewed tonight, its a very lough, complicated
21867
business. Redevelopment, which is what we're contemplating,
is even tougher. There's many, many hurdles: dealing with
existing tenants, dealing with the anchor stores, underlying
easements, community approvals, and on and on and on. In
this situation, it became a greater challenge because all but one
occupant has vacated the properly, that being Target. Target
has objected and filed in federal court to slop us from
proceeding with demolition of the mall and development of the
shops along Plymouth Road much to our dismay,
notwithstanding probably a year of discussion with them. Never
did we expect it to be at this point where we are today. It could
be resolved in three month; it could be a year. We don't know.
The legal process is a complicated one. We're before the court
not even as of this moment. Briefs are being fled; discovery is
being done. As I'm sure many of you know, its a process. We
hope to be in court during the first quarter of next year. During
that process, we hope to have discussions and negotiations to
resolve the matter, but who's to say. We just dont know. To
extend us for a short period of time, which I know it's been
discussed, really won't accomplish a whole lot except bring us
back here again in a short time. I think a year is reasonable,
and I'd ask you to please consider that. I'll answer whatever
questions that I can, recognizing there are certain limitations
because we are in litigation.
Mr. Walsh:
Thank you, Mr. Schostak. Are there any questions?
Mr. Piercecchi:
Did you say, in the first quarter? Are you talking about March
when you're going to be in court?
Mr. Schoslak:
We don't know the date. I said it could be the first quarter. The
court has not set a date for a hearing yet.
Mr. Morrow:
Mr. Schostak, I was not on the Commission when this one came
through, but I did kind of follow it on TV. So I'm not really up to
speed, but I have just enough knowledge to be dangerous
perhaps. I had the feeling that this was two stand-alone
projects. I think your comments tonight are indicating that the
Target litigation also impacts the shops along Plymouth Road.
Mr. Schostak:
We, too, shared that view, that it was two standalone projects.
The Target litigation has entangled that portion which is along
Plymouth Road. As a result, it being an item of the litigation, it
is delayed.
YSfiY:l
Mr. Morrow:
So that's what is holding you up? In other words, save that,
would you be prepared to move forward on that project if it had
not been tied up in litigation?
Mr. Schoslak:
Save the Target issue on it, we have leases ready to go to
tenants and we were anxious to proceed. This is costing us
serious money in time and delays.
Mr. Morrow:
That was one of the questions I had in my mind, thinking that it
was a stand-alone item, and for some reason, you're holding it
up separate from the litigation. But apparently the whole site is
not tied up with the litigation.
Mr. Schostak:
Right. I'm referring to the Wonderland East portion. I'll address
the Wonderland West portion separately. The Wonderland East
portion is entirely bottled up in this Target litigation. We would
have been under construction. We had tenants expecting to be
open in 2004, fourth quarter, had we been under construction
Iasi fall when we presented our plans. We've got a demolition
permit. We've got demolition bids. We've got site work bids.
We have site work design. We've got a lot of money in the
ground without a lot to show for it. That, of course, is not your
problem, but we were very serious about proceeding.
Mr. Morrow:
Thank you.
Mr. Alanskas:
Maybe you can't answer this question, but as you read in the
papers, there's a hint that Target is doing this because they're
afraid that WalMarl may be coming to this site. If and when
Walmarl did, would this be a larger store than is now on
Middlebell?
Mr. Schoslak:
If Walmarl came to the Wonderland Center, would it be a larger
store?
Mr. Alanskas:
Yes.
Mr. Schoslak: Walmarl is interested in the site. Okay, there's no question
about that. Target is concerned about the entire site plan, which
includes if Walmart were on the site, which is why they're
litigating, tying up the whole site. I can't gel into the details on
who thinks what and why, but to try and address your question
about the square footage. If I understand this, is the square
footage of the store that Walmarl would put on the Wonderland
site larger than the other one?
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Mr. Alanskas: Yes
Mr. Schostak: I suspect it is. I don't know the size of that store, but retailers
are doing what they call right sizing their stores.
Mr. Alanskas: Can you give us the square footage of the store they want to put
at the Wonderland site?
Mr. Schostak: I don't know it off hand. Sorry.
Mr. Alanskas: You don't. All right, thank you.
Mr. LaPine: When we originally heard this case, I was under the impression,
that you were hoping to have these buildings occupied by
November 1, 2004. The Plymouth Road buildings were going to
be constructed. They had nothing to do with the buildings
behind it. They were going to be tom down later with a fence
around it while you were developing. I guess my question is,
during that discussion, we talked about two big boxes going in
there, the Walmart and something else. Where do you stand
with the something else? Can that building be started? What I
read in the paper is that the big hang-up with Target is that they
figure Walmart is competition for them and they don't want the
competition.
Mr. Schostak: Well, there's a lot of things in the paper. Some of them are,
frankly, quite accurately staled and others are perhaps more
opinion by people's comments or what have you. But there is at
this point not an additional store that we've identified
successfully that has indicated they want to be there. We
continue to believe there will be. Once the site gets under
construction, it will create energy and interest, but at this point,
there is nothing to report specifically.
Mr. LaPine: Let's assume for a minute, and hope that it doesn't happen, you
lose the case and Walmart doesn't come in. How is that going
to affect the rest of the Plymouth Road deal when the leases
that you lined up count on that big box going in there. Would
that interrupt what's going to happen on Plymouth Road?
Mr. Schostak: If Target is successful in blocking the development of the project
and we can't tear down the mall, and we can't develop the
shops out front, I'll be looking for razor blades. We can't lel that
happen. We'll have to find a resolution. Its a complicated
situation because of the easements and the rights that run
through the property at the former Montgomery Wards stores.
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You'll remember that was a group that owned its own real
estate. There's the mall property. There's the Target properly.
There's the White Castle. There's the bank. It's complicated.
That's why I say redevelopment is a complicated process. We
will get development on that site. It's not going to slay the way it
is. Will it happen in six months or 12 months? If this litigation
goes on more than three months or six months or 12 months,
no. It's going to be another cycle for us.
Mr. LaPine:
I was always under the impression that you never owned the
Kmart site. You bought that when you bought Wards and the
Wonderland site back. Why can't that site be developed atlhis
time? That's not really any competition to Target. It's a
separate parcel is it not?
Mr. Schostak:
Right. And that's why I was going to address West rather than
East, but if they're one combined discussion, I'm happy to do
that.
Mr. Walsh:
Why don't we do it all together?
Mr. Schostak:
Okay. Let's take a step back. We did acquire the rights to the
Kmart property, the building and the land, separate from the
Wonderland property, the mall property, let's call it, or the East
property. We believed that we were on to a good thing with
what we were talking about in the East section. Kmart went
dark. We fell we would help the area and help attract more
retailers to the area by controlling more real estate. If you
recall, Kohl's was originally acquiring the real estate from Kmart.
We were particularly excited about that. That would continue to
bring more vibrancy to the area. Kohl's called us and said they
didn't want to be on the East end of that property. If they
acquired il, maybe they would come on the East side, go from
East to West. It turns out they weren't really interested in being
there at all, and they made us a satisfactory purchase
agreement so we acquired their interest. When we brought the
entire project to the City for review, everyone was obviously
excited, as we were, because there was a complete
redevelopment. It is two separate parcels, separate ownership
at the time, now common ownership with us. We are working
actively to start the Village Shops West and the Kmart building
renovation now. If we can do that, not only would you like that,
our banks would like that, and we would like that in turn. So
we're actively pursuing that. We've got some of the
Wonderland Shop East tenants that might shift into the shops
on the west side now, and we're talking to them about that.
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We're talking to a single user that would use the entire Kmarl
building once renovated. If we can put all that together in the
next few months, we'll be back to the City asking for building
permits and so forth. But we're not held up on the Kmarl
property because ofthe Target litigation.
Mr. LaPine: That was my concern. I knew Kmart was a separate parcel. I'm
glad to hear you stale that. I'm very happy about that. Thank
you very much.
Mr. Shane: There is some concern among the Planning Commission that
we may want to give you an approval for an extension for a
shorter period of time than a year. Is it likely that by May you'll
have something more to tell us? In other words, in six months
are you going to have anything more to tell us than you do
today?
Mr. Schostak: Litigation lakes a lot of turns in the process. The judge reviews
the case. He'll send a signal to the parties that he's feeling one
way or the other. We expect or hope that there would be a
signal in March by the end of the first quarter. We think that's
reasonable, but because dockets are what they are, it could be
April or May before we gel that signal. That's why I would really
ask you to seriously look with us at these time frames. A one
year period went by very quickly already. And what we're up
against right now is something that could begin to move very
rapidly or it could be not moving at all in March, April or May.
That's nolwithin our control. What's within our control is thatwe
lease the space. What's within our control is do we have a
contract. Do we have the financing resources? Do we have the
desire? We are lined up to go. This is not a good thing for us at
all. With everything we have going on in our company,
fortunately we have a pretty busy development schedule, this is
our most significant issue to be focused on. So I don't know
how to give you an accurate enough answer to say what it will
be like in May when we sit here because I just cant predict it.
All I can say is that I know you're interested in helping us gel
this project going. The more support visibly that we have from
the City of Livonia, the Mayor, the Council and all of you here,
which has been phenomenal, the better. The more support we
can show that this is project you want moving forward, it's an
important subtle message that will be out there. I would
encourage you to offer us that 12 -month period.
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Mr. Shane:
Okay. We know that you're not going to be under construction
in six months, but what we want to do is keep track of it, and
that's why we suggested a six-month extension.
Mr. Schostak:
I'd be happy to revisit this with you if you want to hear from us
informally or formally periodically.
Mr. Shane:
That's really what's behind the six months. Personally I have no
problem with 12 months if I knew that you would do exactly what
you said - that you'd come back from time to time and let us
know what's going on.
Mr. Schostak:
I keep a very open line of communication with the appointed
and elected officials of this community. I'd continue to do so, to
pledge that to you.
Mr. Shane:
Thank you, Mr. Chairman.
Mr. Walsh:
If I could just follow up on that question. I think your request is
reasonable for the 12 months. What causes me pause, even in
your own answers, at best what you're hoping for is a signal
come this Spring. If I'm looking at the time limit on litigation, the
best you can hope for then is some kind of a signal from the
judge that you're moving forward aggressively. I mean you
don't expect a judgment by that period.
Mr. Schostak:
I'm trying to not over -promise and under deliver. I'm not trying
to be cute in anyway. I'm just puffing out as much as we know.
Mr. Walsh:
I'm not implying that. What I'm saying is I think you're being
generous in pinning your hopes on that because its quite
unpredictable.
Mr. Schostak:
Right. You know the papers gel filed. The next round and it's
after Thanksgiving. It's in December. We're submitting this
week some briefs. The judge could review them after
Thanksgiving. We could gel a wink or signal to the parties in
December. But we know it's Christmastime, so it will be
January. January doesn't start in the courts until the second or
third week. It will be February 1". If we haven't heard anything
at all or he hasn't reviewed it until February 1st, then we may
not gel that signal. When I say the signal, I mean the judge has
reviewed the documents and has said to the parties (we're
hoping) this Wonderland Mall is a failed concept and by all
indications, it ought to go forward as something else. Guys, go
in the room and work it out.
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Mr. Walsh:
That may happen. All I'm trying to point out is, I appreciate your
candor this evening. I don't think 12 months is unreasonable
given the circumstances, particularly because of the City's
history with Schostak. What I'm trying to drive home is my own
belief that you have an unknown target here.
Mr. LaPine:
Just going one step further, let's assume whatever party wins or
whatever party loses, there's always the possibility that they can
appeal it. Is that correct? Which would put more time on
gelling this through?
Mr. Schoslak:
That can happen.
Mr. LaPine:
That's the thing I guess we're all worried about. This thing
would linger on maybe more than a year. It could linger on two
and three years. Now if that happens, it hurls the City because
of the tax dollars we're not getting. It hurls you because you're
putting money out for attorneys and you're not gelling any
money in. That's the worry I have. That's why we would like to
keep a handle on this as close as we can to make sure you're
doing everything you can to gel the project rolling and hoping
that Target realizes this loo. Its at slake for them as much as
for us because if they sit there all by themselves, they could die
on the vine like anybody else.
Mr. Schoslak:
Right. And remember as well, and I'm sure you know this, is
that this is not an option that we have acquired. We own the
properly. We have got to put it to work.
Mr. Morrow:
By any stretch of the imagination, do you think a six-month time
frame would help you in any way in the litigation in moving it
forward in keeping with your timeframe? In other words, do you
think the judge or the court would be sympathetic to that
particular constraint?
Mr. Schoslak:
No, it wouldn't move his agenda at all. We're hoping the judge
is going to look at the project and look at this great community
and say we can't allow this to continue and we've got to get it
worked out. Hopefully he will do it quickly, but I don't think the
six or the 12 months is going to move it on his dockets or move
his motions on it at all. Actually, its a good idea, but ....
Mr. Piercecchi:
Mr. Chairman, it seems like discussion here has been limited to
whether it's six months or a 12 -month extension. Would it make
21874
any sense, Mr. Chairman, if we approved a 12 -month extension
with a six-month status report from these people here?
Mr. Walsh:
I'm sure we can condition it that way. Mark, do you happen to
know if that's possible? Whether we do it formally or informally,
I think we can certainly request that, and Mr. Schoslak has
already indicated his willingness to comply.
Mr. Piercecchi:
Come to one of our study meetings in six months.
Mr. Schostak:
It wouldn't have to be an agenda item. I could just ask to give
you a report.
Mr. Piercecchi:
You've heard our concerns. We're on your side.
Mr. Schoslak:
I know that. Believe me, I know that.
Mr. Walsh:
Mark, do you think it sufficient if we note it in our records tonight
but not in our resolution? I'm not certain if we can put that into
the resolution.
Mr. Taormina:
You could phrase it within the resolution, such that, after a six-
month period, a status report be provided to the Planning
Commission.
Mr. Walsh:
If we can do that, lets do it.
Mr. Schoslak:
We certainly don't object.
Mr. LaPine:
My only concern would be why give the Planning Commission
the report? The Planning Commission is going to make a
recommendation to City Council. I would think that's where the
action should be taken. If you come back every three months or
every six months, the Council may ask you to do that. It makes
sense to me. Why come to us and then he has to go to the
Council all over again. It makes more sense to work directly
with the Council than it would be to work with us.
Mr. Walsh:
That's a good point.
Mr. Morrow:
I guessing now, but I would suspect that Mr. Schostak keeps a
pretty open dialogue with the Mayor and with the City Council.
We here at the Planning Commission may not be the benefactor
of such communication. It would be nice for us to know what's
going on also to keep us up to speed.
21875
Mr. Schoslak:
Yes, I know you get a lot of questions from residents and so
forth. I'd be happy to do it.
Mr. Morrow:
Just for our own information. I have a feeling you are
communicating pretty much with the Council and Mayor on an
on-going basis.
Mr. Schostak:
That's correct.
Mr. Alanskas:
I agree with Mr. LaPine. I think these progressive reports
should go to the Council. We're just a recommending body, and
I think from what Mr. Schoslak is saying, a one-year extension
may not even be enough, and I don't think six months would be
doing him or us any justice. I think we should give him the one-
year extension and go from there and let him report to the City
Council. Thank you.
Mr. Walsh:
Is there anybody in the audience that wishes to speak for or
against this agenda item? Good evening, sir. I saw you back
there. I thought since you were so patient, we would invite you
up.
Berry Brim, 28419 Cleveland. I live just off of Plymouth Road and Harrison.
After thinking my thoughts and hearing some things today, if you
do give him the extension, I would say make sure that there is
an end plan and that Wonderland doesn't turn into this
boondoggle that large developments can turn into. Is Walmart
the best that we could have done at Wonderland? I dont think
so. Walmart came to the City and said they were going to
improve the corner of Middlebell and k96 to make it look nice.
Well, if you've been by that comer, you know it doesn't look very
nice. So you're just going to move it down the road into the
neighborhood. Now you've got another box to f11 at the corner
of 1-96 and Middlebell. Yeah, Wonderland can be a great mall.
There can be some really great stores there, but with Walmart
going in there, I don't think that's the right thing to do.
Mr. Walsh:
Thank you, sir. We appreciate you being here tonight. Are
there any additional questions or comments? Seeing none, a
motion is in order.
On a motion by
Shane, seconded by Alanskas, and unanimously adopted, it was
#11-149-2004
RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2003-09-08-24
submitted by Schostak Brothers & Company, Inc., on behalf of
21878
The Village Shops of Wonderland East, requesting a one-year
extension of the site plan, which previously received approval by
the City Council on November 5, 2003 (Council Resolution
#582-03), in connection with a proposal to construct a
commercial development on property located at 29859
Plymouth Road, on the south side of Plymouth Road between
Middlebelt and Merriman Roads in the Northeast'''/ of Section
35, be approved subject to the following conditions:
1. That the request by The Village Shops of Wonderland, in a
letter dated October 19, 2004, for an extension of Site Plan
Approval of Phase I East of the new commercial center to
be located on a portion of the Wonderland Mall property, is
hereby approved for a one-year period; and
2. That all conditions imposed by Council Resolution #582-03
in connection with Petition 2003-09-08-24, shall remain in
effect to the extent that they are not in conflict with the
foregoing conditions.
Mr. Walsh: Is there any discussion? I would like to thank Mr. Schoslak for
being here and certainly we heard the plea that Mr. Brim spoke
of earlier. We will continue our vigilance on the site. This does
not change what we previously approved. It just gives them
another year to develop in accordance with actions previously
taken by this body and the Council. The motion is carried and
the foregoing resolution adopted. It will go on to City Council
with an approving resolution.
ITEM #7 PETITION 2003-09-08-25 WONDERLAND WEST
Ms. Smiley, Secretary, announced the next item on the agenda, a request for a
one-year extension by The Village Shops of Wonderland West
of all plans in connection with Petition 2003-09-08-25, which
received site plan approval to construct a commercial
development on properly located at 30255 Plymouth Road in
the Northeast'''/ of Section 35.
Mr. Taormina: The petitioner is requesting a one-year extension of the
approvals granted in connection with the development of Phase
I West of the new commercial center to be located on a portion
of the Wonderland Mall property. The City granted Site Plan
Approval on November 5, 2003 (CR 583-03). In a letter dated
October 19, 2004, the petitioner explains that due to
"extenuating circumstances that have adversely affected the
21877
progress of the development of this project," they would be
unable to begin before the expiration of City Council approval.
The letter does not mention when the petitioner believes the
project would commence.
Mr. Walsh:
Are there any questions from the Commissioners?
Mr. Alanskas:
In regards to the Kmart situation, could we gel that going in six
months? You said that you were prepared to go with Kmart?
Bob Schoslak,
Schoslak Brothers & Company, 25800 Northwestern Highway,
Suite 750, Southfield, Michigan 48075. We're working on a
couple leases right now that would utilize the entire building. If
we can gel those finalized, we believe in the next 30 - 45 days.
Ask Mr. Zschering, what's our winter construction like out there?
Do we have to wail until the frost is off the ground?
Robert E. Zschering,
Vice President, Schoslak Brothers & Company, 25800
Northwestern Highway, Suite 750, Southfield, Michigan 48075.
No. What we would do is remodel the building interior and the
exterior. So we couldn't quite
finish off the exterior of the
building due to winter conditions
with the choice of materials
and things like that, but we could do a lot of the work inside
once we gel a lease on that.
Mr. Alanskas:
So possibly a six-month extension on this phase would put you
in pretty good shape? You figure November, December,
January, February, March, April, you can work on the inside
and then get the outside done when the weather is warmer.
Mr. Schoslak:
The six-month permit here that we would be receiving is for the
site plan, right? It's not for the construction permits. So as long
as we've started on the site, we've fulfilled the permit
regulations.
Mr. Alanskas:
Correct.
Mr. Schoslak:
Its certainly our goal since we're not affected by the former to
get going just as quick as we can. The only thing that's going to
slow us down is getting a lease executed. So if it's this body's
preference to see if we can gel it going in six months, and then
if not, come back and visit with you, we will. We will certainly go
along with it. I don't know that it's set because we just can't
control the outcome of leases. We feel pretty good about it, but
nothing is for certain until they're signed.
21878
Mr. Alanskas:
But if you do get the leases, Target would have nothing to do
with stopping you to go ahead with that phase?
Mr. Schostak:
Correct.
Mr. Alanskas:
And you would prefer to sell have the one-year extension on this
phase also?
Mr. Schostak:
That would be our preference.
Mr. Alanskas:
All right. Thank you.
Mr. Morrow:
I think Mr. Schostak has convinced me that he's as anxious as
all of us to gel started and the amount of time we give him is
really academic. I mean he'd be ready to go tomorrow if he
could clear everything up because as he said, it would make
him happy, his banks happy and everybody happy. So I don't
have any problem with a 12 -month extension.
Mr. Alanskas:
Me neither.
Mr. Walsh:
Any other questions or comments? Seeing none, a motion is in
order.
On a motion by
Alanskas, seconded by Smiley, and unanimously adopted, it was
#11-150-2004
RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2003-09-08-25
submitted by Schostak Brothers & Company, Inc., on behalf of
The Village Shops of Wonderland West, requesting a one-year
extension ofthe site plan, which previously received approval by
the City Council on November 5, 2003 (Council Resolution
#583-03), in connection with a proposal to construct a
commercial development on property located at 30255
Plymouth Road, on the south side of Plymouth Road between
Middlebell and Merriman Roads in the Northeast % of Section
35, be approved subject to the following conditions:
1. That the request by The Village Shops of Wonderland, in a
letter dated October 19, 2004, for an extension of Site Plan
Approval of Phase I West of the new commercial center to
be located on a portion of the Wonderland Mall properly, is
hereby approved for a one-year period; and
2. That all conditions imposed by Council Resolution #583-03
in connection with Petition 2003-09-08-25, shall remain in
21879
effect to the extent that they are not in conflict with the
foregoing conditions.
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
resolution.
ITEM #8 PETITION 2000-12-02-37 SHAY ESTATES
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2000-
12-02-37 submitted by Victory Building Company requesting to
revise the landscaping approved for the Shay Estates cluster
housing development located on the south side of Seven Mile
Road between Parklane Drive and Fairway Drive in the
Northeast % of Section 8.
Mr. Taormina: On April 4, 2001, the petitioner received waiver use approval for
the development of a nine -unit cluster housing development,
which is known as Shay Estates. As part of the approval, one of
the conditions specified that the landscaping shown on the
approved Site Plan would be installed to the satisfaction of the
Inspection Department. The petitioner is now requesting
approval to revise the landscaping. Modifications are proposed
along the west side of the development at the rear of Units 1, 2
and 3. The plan that you see before you on the screen is the
original approved landscaping, and although ifs a little difficult
to bring up any of the details, the area we're looking at is really
concentrated on the west side of the properties. These are
Units 1, 2 and 3 going from north to south along the west side of
the driveway. This is the landscape plan that he's requesting
approval for. This is actually an "as built' landscaping plan. All
of the units have been completed and what was originally
shown as a low berm along the back of these units was
eliminated at the request of the City Engineering Departmentfor
purposes of drainage. There is a manhole that was built at the
southwest comer of Building 3. It picks up drainage not only
from the east and north, but also could potentially pick up some
of the drainage from these residents along Parklane. For this
reason, the City Engineer requested that the berm be removed
from the plan. Instead, he has planted a number of pine trees
that ran along the fence line. There is a six fool high solid
obscuring fence that extends all the way from the southwest
corner to the northwest comer. The other change was the
elimination of a storm water detention basin. The original
Y
approved plan showed a small basin in the northwest comer,
but because the site drainage could be accommodated by the
main basin in the southeast comer, there was no need for this
basin to be constructed. For that reason, the revised plan does
not show the construction of that basin. Thank you.
Mr. Walsh:
Are there any questions for the staff? Seeing none, I know Mr.
Baki is in the audience.
Sam Baki, on
behalf of Victory Building Company, 20321 Shadyside, Livonia,
Michigan 48152. The few items that we changed due to
engineering purposes was the bene removal on the west side
behind Units 1, 2 and 3. After we did the Planning approvals
and we had the engineer start designing the property, they
realized that the property to the west of ours, which is the
existing homes to west, had a lower area. If we would have
created any berm, the water would sit in that area. So we
ended up designing that property accordingly. We look the
berms out, and as you notice, we put the berm toward Seven
Mile, which wasn't affected by any drainage purposes, and we
opened up the west side of that property for that purpose. We
did place a lot more trees than what we were supposed to
between the berm on Seven Mile and in the backyards. Just an
FYI on this whole development, we removed at least 10,000
cubic yards of dirt out of that property, so a berm, I would have
put added in a heartbeat. I had plenty of dirt to do that. We just
were requested by John Hill to take it off, and we did that.
Thafs the whole reason we're submitting this to do it proper and
finalize it. All the homes are done, except Unit 8, which is being
completed within the next 30 days. The outside is done; the
inside is not.
Mr. Walsh:
Are there any questions from the Commissioners? Seeing no
one in the audience, we can go straight to a motion.
On a motion by Percecchi, seconded by LaPine, and unanimously adopted, it
was
#11-151-2004
RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2000-12-02-37
submitted by Victory Building Company, requesting to revise the
landscaping for the Shay Estates cluster housing development,
which previously received approval by the City Council on April
4, 2001 (Council Resolution #215-01), on property located on
the south side of Seven Mile Road between Parklane Drive and
21881
Fairway Drive in the Northeast''/. of Section 38, be approved
subject to the following condifions:
1. That the Landscape Plan, dated August 30, 2004,
submitted by Sam Baki, is hereby approved and shall be
adhered to;
2. 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;
3. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
4. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for; and
5. That all other conditions imposed by Council Resolution
#215-01, which granted approval for the construction of a
planned residential development, shall remain in effect to
the extent that they are not in conflict with the foregoing
condifions.
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolufion
adopted. It will go on to City Council with an approving
resolution.
ITEM #9 APPROVAL OF MINUTES 893`d Public Hearings
and Regular Meeting
Mr. Walsh, Chairman, announced the next item on the agenda, Approval of the
Minutes of the 893 Id Public Hearings and Regular Meeting held
on October 12, 2004.
On a motion by Shane, seconded by Piercecchi, and unanimously adopted, it
was
#11-152-2004 RESOLVED, that the Minutes of 893`d Public Hearings and
Regular Meeting held by the Planning Commission on October
12, 2004, are hereby approved.
A roll call vole on the foregoing resolution resulted in the following:
21882
AYES: Shane, Piercecchi, Alanskas, LaPine, Morrow,
Smiley, Walsh
NAYS: None
ABSENT: None
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 895th Public
Hearings and Regular Meeting held on November 16, 2004, was adjourned at
9:59 P.M.
ATTEST:
John Walsh. Chairman
CITY PLANNING COMMISSION
Carol A. Smiley, Secretary