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HomeMy WebLinkAboutPLANNING MINUTES 1997-05-13 15518 MINUTES OF THE 743RD REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 13, 1997 the City Planning Commission of the City of Livonia held its 743rd Regular Meeting & Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m. with approximately 20 interested persons in the audience. Members present: James C. McCann Daniel Piercecchi Michael Hale Patricia Blomberg Robert Alanskas Members absent: John Walsh Messrs. Al Nowak, Planner IV, and Scott Miller, Planner II, were also present: Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council, otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Alanskas, Secretary, announced the first item on the agenda is Petition 97-4-1-4 by Gordon Food Services, Inc. requesting to rezone property located on the north side of Six Mile Road east of Middlebelt Road in the Southwest 1/4 of Section 12 from AG to C-l. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nowak: We have a letter from the Department of Public Works, Engineering Division, dated April 15, 1997, which reads as follows: Pursuant to your request, the Engineering Division has reviewed the above referenced zoning petition. The legal description attached to the petition meets with the approval of this office. Should this rezoning petition by approved, the site plan for the proposed commercial rr..- 15519 development must be approved by the Department of Environmental Quality with respect to the Tarabusi Creek adjacent to the site. The Tarabusi Creek in this area is designated as a wetland (R20 WH) and it is possible the above agency will not allow encroachment or a proposed storm sewer outlet into the Tarabusi Creek. In regard to the existing 100 year flood plain connected with the Tarabusi Creek, the Engineering Division will require that provisions be shown on the proposed plans to protect against inadvertent filling of the flood plain during construction. We trust this will provide you with the information requested. Should you have any questions, please feel free to contact this office. That is signed by Richard A. Grodek, Civil Engineer II. Todd Pederson, 333 Fiftieth Street, Grand Rapids: I am the site manager for Gordon Food Service. We have our corporate office in Grand Rapids, Michigan. I have been with the company for 40 projects now at different communities. We are petitioning for rezoning for the parcel as shown. I do have a site plan with me this evening that we've developed for that parcel. I know we won't be able to address the site plan this evening, but it will give you some idea as to what we would like to do. Mr. McCann: While you are showing us the site plan, tell us something about Gordon Food Service and the type of retail outfit it is. Todd Pederson: Gordon Food Service is a 100 year old corporation, primarily in the food distribution business, but in the last 8 years we have developed over 60 retail stores in 4 states including Michigan, Illinois, Ohio and Indiana. We are on a pattern of growth right now with 14 units a year. Our distribution is primarily of delivery of our own products with our own labels to hospitals, schools, institutions, restaurants and party- planning facilities. Our retail outlets, the Market Place Store, is primarily an outlet for our existing customers in the market that we have already established such as our Detroit market, Livonia being an integral part of that. We have in stock 3,000 of 10,000 items, food items and also utensil items such as silverware, paper plates, paper towels and anything you can imagine a restaurant or a church or school might need. Anything else that is not in stock will be available by next day service. This is for our customers, as well as an opportunity for the general public to come in to our facility at no charge. No admission charge or no annual fee of any kind. Our primary customers are our existing customers whether it be Sam's Restaurant, for example, or St. Mary's Church or whatever. Some of these people may be receiving our deliveries now and they are people who are used to a certain quality of food that they are getting from our company at 15520 this time. If they run out of that before our regular scheduled delivery, they can go into a store such as the Market Place facility and get that product, the same product they are used to at the same discounted rate they may have been getting, or at the retail rate we have on the shelf each day. With that in mind, this is the triangular piece of property. I know we are not here for site plan approval, but we have located the building primarily in the middle. My understanding is we do meet the parking requirements that are necessary. We are not asking for variances of any kind. The building will be brick and the landscape ordinance is not a problem for us to fulfill our obligation. I would be happy to answer any questions. Mr. McCann: You have a color rendering you would like to show us? Mr. Pederson: (Displayed a color rendering). The building is a brick facade with three different colors of brick. The bottom is a dark shade of red and I do have the brick samples here if you wish to see those as well. We have two shades of red brick, a lighter shade of red and a darker shade of red. The body of the building primarily is in the darker shade of red with a filler accent of the lighter shade of red. The bright red line is ceramic tile which is added for a decorative touch. The canopy is made of aleczon plastic and is very durable. It holds its shine and color through the test of time. We have a guarantee from the people who make it for us. Gordon Food Service is one of the few people who have spent this kind of money to have this kind of canopy-type awning. This is glass material on the store front and we have automatic sliders, and all the glass is just regular tempered glass, silver anodized frame to go with the rest of the building. Mr. Piercecchi: This is quite a bit different from the store on Ten Mile and Grand River, isn't it? Mr. Pederson: Yes, it is. Mr. Hale: That was a nice presentation. Has Gordon Food Service considered any other location in Livonia? Mr. Pederson: We have looked in Livonia for four or five years. There have been other opportunities for us, but those other opportunities have been in an area that we felt would not service the needs of our customers, or existing buildings that were too complicated to renovate and do business out of. This site seems to suit our needs best based on what we've found in the market. 15521 Mr. Alanskas: I know this is a rezoning, but I have one questions. What percentage of your business is truck loading and unloading in all of your stores, �... not just Livonia? Mr. Pederson: We have a distribution center in Brighton, Michigan, and we can run this entire store with two truck deliveries a week. Those deliveries could come any time of the day that would be convenient for the citizens of Livonia. We own the truck units and facilities and can send them out any time. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? Ray Tent, 18051 Deering, Livonia: This particular item happens to be in the area of the Parkway Acres Civic Association and I am the president of that Association, so we are really, really interested in this piece of property. The Gordon Food Service company -there is nothing wrong with it; it's a good operation and I am delighted they are trying to come into Livonia and I think they will do a fine job. The thing that concerns me most is the flood plain. That property has been vacant for 40 years. Brookdale Cemetery owned it, had some problems, and that was squared away, and then changed to Mt. Hope. During that interim we had many developers that would have like to develop it, but the thing that was bad about it was the Tarabusi Creek because it ran right through that property. The property was very much affected in this particular case by backing up in the flood plains and so forth. When a developer tried to develop it in 1968, they put some drainage through this particular piece of property and that was supposed to correct it. We have been watching it religiously because if anything comes in there then that will be taken into consideration. The Engineering letter supports the feeling. If the flood plain problem could be corrected and the drainage situation could be corrected, then there would be nothing wrong. But if we are going to go in and rue the day like some other developments in the City and come back and haunt us in three or four years, then we've got bigger problems. So I would caution the Council and the Planning Commission, when they entertain any petition to approve this, let us have all the answers, and the biggest question is the flood plain because it's monstrous once it gets going. I realize this isn't a site plan but a zoning request, but sometimes it helps to know what the developer is going to do. A particular concern is the parking in the lots - 10'x20'? Great. The building facade has been addressed; I didn't want a block building in that particular location. Overnight parking of trucks, loading and unloading, I believe they will be addressing that. Signage is another thing that I was concerned about - we don't want it looking like Las Vegas. Landscaping - if they 15522 will attend to the landscaping and make it attractive, I think this will be a nice addition to the City and we can live with it. Those are my concerns and objections, and thank you for listening. Barbara Cook: I serve as a volunteer chairman of the Adat Shalom synagogue which is just east of this property and on the other side of the creek. I am here representing all of the families that have people buried in the cemetery and all future people who have already purchased plots. We now have 7,000 burials in the cemetery with another 3,000 which have been sold. We have a potential of another 9,000 plots at the cemetery. The cemetery has been there for 50 years and recently we have made improvements- the Tarabusi Creek flows into a pond that is right on our property right before you reach Six Mile Road and then it flows back. With the DNR and Livonia's approval, we just improved that at a cost of$150,000 because the sides of the creek were deteriorating. We are expressing grave concerns about runoff from this property once we have asphalt and cement and whatever else it is going to be. All of the money that we have now put in to trying to keep that property looking nice and that creek flowing correctly could go down the drain for us because it flows in and additionally we have great concerns because if that creek floods, it floods into our cemetery. Yes, we are not in the flood plain, but we are right beyond the flood plain. I notice on the rendering that this building will be smack-dab against the flood r... plain on the back, and that is of great concern because all the runoff will go back there. There is no berm. We are going to see the back of the building and for those people who will have their loved ones at the cemetery, that is a great concern to a lot of people. If those trees come down or die off that are in the flood plain, we are going to see the back of the building. The other concern is noise during the day when we are having a funeral. We do have funerals Monday through Friday, not on Saturdays, and on Sunday. Our cemetery is closed at 5:00 and opens in the morning and we try to keep it up, but it is of great concern, and noise and odors that could come from the dumpster. All those things that we have been able to tell our people that it's a wonderful cemetery and we have been able to make sales are now of a concern to us that may not be there in the future. Thank you and I hope you will take these concerns very seriously. Mr. McCann: I would like to ask the petitioner, do you run off to a sewer system, or do you drain into the Tarabusi? Mr. Pederson: At this point I am not sure what the engineering plan is other than we know we have to comply with everything that's required. We certainly plan to do that. 15523 Mr. McCann: You also have to go to the DNR for approval? Mr. Pederson: Yes, sir. Mr. Alanskas: This is for Mr. Tent. I would like to read from our notes. "Since all of the subject property lies outside of the flood plain limits as shown on the site plan submitted with this rezoning request, presumably the entire land area would be buildable." Ms. Cook: I understood it was outside the flood plain. It backs right up to it. There's no berm. When that flow which normally goes through a porous earth and goes into that creek slowly, it's going to hit that creek. I talked to the Engineering Department today and they explained to me that that flow will go in quickly now. Mr. McCann: When it does come back for site plan, at that time you can make arrangements with the Engineering Department and make sure your concerns are expressed so that they can address them when this particular site plan goes to Engineering. Ms. Cook: We would not be in favor of having this rezoned to C-1 because it will disturb that quiet atmosphere that we presently have at the cemetery. Mr. McCann: You understand that the parcel next to it is already zoned commercial. Ms. Cook: Yes, we do, but that is all the way on the corner, not abutting to our property. There is a differential in our mind of being next to us and not being all the way on the corner. Mr. McCann: Have you filed an objection with the City Council? Ms. Cook: No, I have not. I went to the Planning Department and they told me to come tonight. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 97-4-1-4 closed. On a motion by Mr. Alanskas, seconded by Mr. Piercecchi and unanimously approved, it was #5-75-97 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1997 by the City Planning Commission on Petition 97-4-1-4 by Gordon Food Services, Inc. requesting to rezone property located on the north side of Six Mile Road east of Middlebelt Road in the Southwest 1/4 of Section 12 from AG to C-1, the Planning 15524 Commission does hereby recommend to the City Council that Petition 97-4-1-4 be approved subject to the following conditions: r.. 1) That the proposed change of zoning will provide for the use of property which has been vacant for a long period of time; 2) That the proposed change of zoning will provide additional commercial services to serve surrounding neighborhoods; 3) That it is unlikely that the subject land area will ever be used for cemetery purposes, and 4) That the proposed zoning is consistent with the use of similar situated properties in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 97-4-1-5 by the City Planning Commission proposing to rezone property located north of Seven Mile Road between Victor Parkway and the I-275 Expressway in the Southeast 1/4 of Section 6 from C-2 and C4-III to PO-III. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nowak: We have a letter from the Engineering Division dated April 18, 1997 as follows: Pursuant to your request, the engineering Department has reviewed the above referenced petition. The legal description contained with the petition meets with the approval of this office. We have no objections to the rezoning petition. We trust this will provide you with the information requested. Should you have any questions, please feel free to contact this office. We also have a letter from J. Creig Anderson of the Tandy Corporation to Mr. John Nagy and Mr. Al Nowak: "Gentlemen: In furtherance of the conversations between representatives of Tandy and each of you, Tandy urgently requests that the public hearing and request for changes in zoning affecting the property be postponed until such time as Tandy has had an opportunity to review and consider the effect of the proposed change. As I informed Mr. Nowak today, Incredible 15525 Universe Land Acquisition Trust and Harris Trust and Savings Bank are simply financing tools of Tandy Corporation. Although Harris �.. Trust has in the past forwarded on to Tandy all planning and zoning notices that they had received from the City of Livonia, Tandy never received the notice relating to this proposed change in the zoning of the property. On behalf of Tandy, I formally request that (i) you fax me a copy of the Notice as soon as possible to the fax number shown above; and (ii) advise me on Monday, May 12, 1997 whether you expect this matter to be postponed, and/or whether you think someone from Tandy should personally attend the May 13, 1997 meeting to formally present such request." There is also a letter from Chairman James C. McCann of the Planning Commission which reads as follows: " Dear Mr. Anderson: This is to advise you that the public hearing relative to the above referenced rezoning petition will proceed as scheduled. That public hearing will take place on May 13 at 7:30 p.m. in the auditorium within the City Hall located at 33000 Civic Center Drive, Livonia. You or your representative should be in attendance to respond to questions the Planning Commission is likely to have for you. As you have previously been made aware, notices of this public hearing have been sent out along with a notice that has been published in our local newspaper, Observer & Eccentric, that causes the Planning Commission to hear public comment at the scheduled meeting. By attending this meeting you can explain the circumstances surrounding your difficulty in receiving your notice and can ask that this matter be tabled by the Planning Commission following the public hearing to provide you with the additional time you may need. The Planning Commission may or may not grant you your request, however, they are a recommending body and are directed by the City Council to hear this matter and report back to the Council. The City Council in turn will hold their own public hearing at which time you will be given notice of the date and time of that hearing as well. The City Council will make the final determination as to whether or not this property should be rezoned. Mr. McCann: We will go right to the audience and allow the owner of the property to speak first. Zora Johnson with the law firm, Dykma Gossett, 400 Renaissance Center, Detroit, Michigan. I am appearing tonight on behalf of Tandy Corporation and Incredible Universe who have the ownership interest in the property that has been proposed for rezoning by the City. My client strongly opposes the rezoning and they also object to any action by the Planning Commission this evening and in fact take the position that 15526 such action would be unlawful because they were not given the statutorily required notice. We would ask the Planning Commission ,41•aw that any action other than a recommendation of denial be tabled for at least 30 days while my out-of-state clients are given the required notice and an opportunity to be heard. As you are aware, the rezoning mentioned was initiated by the City. My clients had absolutely no knowledge whatsoever that this was being undertaken until last week. The notice that they received was not the statutorily required notice, it was by way of a phone call by Mr. Nagy to a Tandy Corporation employee who would not have any role in evaluating a rezoning proposal such as this. However, he communicated the information to individuals at Tandy who were responsible and then contacted the City. It is our understanding that if we request an adjournment of the hearing this evening that that will be granted. By letter dated May 9, Creig Anderson of Tandy Corporation, Real Estate Counsel and Director of Lease Operations, sent a letter to John Nagy and Al Nowak asking that the hearing this evening be adjourned because we hadn't received notice and we did not have adequate opportunity to respond or evaluate the rezoning request. We received a letter yesterday, May 12, from the Planning Commission Chairman indicating that the Planning Commission intended to go ahead with action on this rezoning request. The letter also invited us to attend the hearing and explain our position with respect to the issue. As I said, we obviously object to the rezoning and had no role in initiating it. As you know, this is a valuable piece of property. It was rezoned only two years ago in connection with my client's purchase of the property. It is our position that a rezoning of such magnitude should be given, in addition to the statutorily required notice we should be given ample opportunity to evaluate it and respond to the issues in a reasonable fashion. We have not had an opportunity to do so. My client's located out of state and has not been able to make any inquiries having only learned about this via an errant phone call a week ago. Therefore, we would reiterate our request that any action other than a recommendation of denial be tabled this evening and we be given at least 30 days to respond to a Planning Commission recommendation on this issue. Mr. Hale: I realize that your client is out of state. You are representing your client at this Public Hearing. What are the objections your client has to the proposed rezoning? Ms. Johnson: The principal objection is that we didn't receive notice as required by Michigan law and not having received notice neither my client nor I have had an opportunity to evaluate what issues may be raised by the rezoning, or to formulate any objections. That's why we are requesting a delay in any decision this evening. 15527 Mr. Hale: There really are no substantive objections that you can share with us this evening? Ms. Johnson: I am not prepared to respond to substantive objections, however, I am aware that there are some objections. Having been told last week that this was proceeding, and having been told only yesterday that it was proceeding despite our request for adjournment, there has simply not been time to evaluate any sort of rezoning of the property. Mr. Hale: You can't share with us what the substantive objections are? Ms. Johnson: I think I've answered your question that there are substantive objections, however, I am not in a position to respond at this time and that is why we are asking for a tabling resolution. Mr. Hale: OK, you have answered my question. Thank you. Mr. Alanskas: Could you tell me what happened and why the project did not go through in the first place? Ms. Johnson: I have to be frank with you here. I was not involved in the initial project phase or in anything that has transpired since then. I do know that it was not able to come to fruition as planned and the property is now on the market for another purpose. Mr. Alanskas: Is Tandy Corporation building Incredible Universe anywhere else in the United States besides Michigan? Ms. Johnson: My understanding is there are other Incredible Universes that have been built. Mr. Alanskas: Not have been, but are being built at the present time? Ms. Johnson: I can't answer that. Mr. McCann: I did contact Mr. Nagy regarding your request. However, we advertised for the Public Hearing. The advertisement had come out and it would be unfair to the citizens of the City of Livonia to adjourn this without prior notification. I checked with him regarding notifying your client of the change of zoning petition. He informed me that we did follow proper procedures. He checked with the Assessor's office and the owner of record was properly notified and in fact they admitted it, they did not change the owner of record with the City of Livonia as they were supposed to. The current situation Mr. Nagy informs me is 15528 that we did give proper notice and the citizens were given notification to be here tonight. We cannot help internal problems within your organization. Again, we are just a recommending body. We do not do anything other than review it, have the public here give their suggestions and then give a recommendation to the City Council. Your clients will have an ample opportunity at the City Council to review all aspects of this and raise all objections at that time. That's why my letter to you said it was unfair to the citizens of Livonia to adjourn without giving them fair time. Ms. Johnson: If I could just respond. Our objection is not to the public hearing tonight, it is just that our objection at this point is that given the fact that we were not given notice, our objection is to an action being given by the Planning Commission. I understand that the public hearing has been given via the newspaper. But it is our position that we were not properly notified individually as the property owners. We understand the importance of the Planning Commission's recommendation to City Council and we are concerned that I be able to answer questions such as that posed by Mr. Hale which I am not able to do at this point. Mr. Piercecchi: Mr. McCann just reiterated that proper notice was given. Why do you continue to say that proper notice wasn't given when our Planning Director and Chairman state that it was? Ms. Johnson: All I can say is that we didn't receive notice. Mr. Piercecchi: The owners of the property did receive adequate notice. Ms. Johnson: I understand that's the City's position, however, we were not aware of this and we were not notified. Mr. McCann: Is there anyone else wishing to speak for or against this petition this evening? Ray Tent, 18051 Deering, Livonia, Michigan. This is a very happy day for me. A wrong is soon to be corrected. As a former member of the Planning Commission, I compliment the City for recognizing the error in prostituting the Master Plan by rezoning the Victor property to C-2 to allow the Incredible Universe to construct a 184,000 sq.ft. warehouse complete with a McDonald's restaurant on our prime Victor Park complex. Ignoring the objections of the neighbors and the tenants and the project failed. There must have been something there to allow us to take a second chance at something that was so devastating to the City. Now we have that second chance. We have an opportunity to correct a wrong and move on with our Master Plan. As far as the 15529 rezoning back to office, that's what it should be to begin with. Let the former developer come forth and fill up that great big hole we have there. It's an eyesore to the area. The City should have the Inspection Department go out there and issue a notice that that should be filled up because that's an injury. Contrary to that, the zoning that took place there for this particular operation was totally wrong. The people felt that way and now by correcting that error are going back on course to the Master Plan. I maintain that there is a shortage of office space in Livonia. I talked to two developers who would have liked space there. Mr. Johnson, when he was before us, I made that comment to him - "If you build it, they will come". He didn't want to build it. He was more interested in going up north at the time to Petosky and getting rid of it. I would say at this point it's a great day for the City and rezone it. The other thing I would like to say is that the Observer is the paper that we use to publish Public Hearings. The owners of the property can have their legal staff look through and see what is happening in the City. If they have property there, that is there problem. I would say that this was properly advertised and notified and it should be honored. We should build it the way it was intended and we won't have any warehouses in there and items of that nature. William LaPine, 33855 Carl Drive, Livonia. As you know, I was a former member of the Planning Commission. I served when this issue came before us. I was ,,i,, probably the most outspoken person to the proposal. At that time I argued this point. We had a Master Plan and we should not deviate from it and allow that commercial property to go in because the problem I had with it was two things: Number 1, I wasn't for the Builder's Square and I think the Incredible Universe is too large. The other thing that worried me was that once you rezone that property, you don't rezone it back. At that time I talked about the possibility of maybe rezoning it back at a future date and the only way you could do that would be to have it instigated at the Council or by the Planning Commission. The problem is that once you zone something to C-2 is the fact that if now they should sell off that property to another developer and he meets all the requirements of the zoning, setbacks, parking requirements, we loose all the control of what goes in there. The only thing we have control over is how the building is laid out, the material and so forth. So at this time I am glad to see that somebody in the City Council decided they would pass it on to the Planning Commission to rezone the property back to its original zoning. I think that's the way it should have stayed all along and I agree with my fellow Commissioner who was on the Commission when I was on there. There is now a need for high rise office space. I don't think there would be a problem to find a developer to put in a high rise. I realize Tandy Corporation put a lot of money in there, put in sewers 15530 and put in a lot of developments, but I don't think from the word go the zoning should have taken place. Why the Council didn't agree with our unanimous decision by the Planning Commission, I don't know, but I am glad they are looking to rezoning this back, and I urge you ladies and gentlemen to zone it back to its original zoning. Richard Kovarik, 37814 Northland. I'm the end lot on the north side. I agree with both of these gentlemen here - it should have remained office zoning. We did not look forward to seeing this traffic down Victor Parkway; trucks coming through delivering goods, the commercial enterprise. No matter what happens, I did want to go on the record stating about the common element that boarders Northland and St. Martins. The berm was never properly developed and I have brought some photographs to show what's going on with that property there. It's washing out because it's eroding. Mr. McCann: Sir, I appreciate your difficulty. We have to stick with the zoning issue this evening. You can go and talk to the Inspection Department tomorrow morning. They are in charge of seeing that the site plan is complied with, both the Engineering and Building Departments. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing On Petition 97-4-1-5 closed. On a motion by Mr. Piercecchi, seconded by Mr. Hale and unanimously approved, it was #5-76-97 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1997 by the City Planning Commission on Petition 97-4-1-5 by the City Planning Commission proposing to rezone property located north of Seven Mile Road between Victor Parkway and the I- 275 Expressway in the Southeast 1/4 of Section 6 from C-2 and C4-III to PO-III, the Planning Commission does hereby recommend to the City Council that Petition 97-4-1-5 be approved for the following reasons: 1) That the proposed change of zoning will provide for one uniform zoning district for the subject property. 2) That the proposed change of zoning will provide for uses which are compatible to and in harmony with the surrounding uses in the area. 3) That the proposed change of zoning will provide for the continuation of the development of the Victor Corporate Park. b 15531 FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543 as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Hale: To the Counselor, as Mr. McCann has indicated, I don't believe your objections necessarily fall on deaf ears. You will have ample opportunity to voice those objections to City Council. Our job is to look at substantive objections and I don't think any such objections were indicated to us, and I will approve and support the motion. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 97-3-2-9 by Kmart Corporation requesting waiver use approval to utilize an SDM license in conjunction with an existing store located on the north side of Seven Mile Road between Farmington Road and Norwich Avenue in the Southeast 1/4 of Section 4. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nowak: There is a letter dated March 14, 1997 from the Kmart Corporation as follows: A SDM (beer& wine - package carry out) has been applied for at the following: Kmart#4430, 33400 West 7 Mile Road, Livonia MI 48152. As noted on the "Waiver Use" (item "A") this Kmart maintained a SDM license from August, 1981 until we requested it to be canceled in 1992. Under new management, it has been determined that SDM license is a viable part of the Kmart operation. Therefore, we are petitioning that the license be approved for reissuance. You considerations and subsequent approval of this request will be appreciated. That is signed J. B. Ronan, Assistant Controller. We have a letter from Rockney L. Whitehead, Fire Marshal, dated March 27, 1997 stating they have no objection to this proposal. There is a letter from the Engineering Department dated April 4, 1997 stating they have no objections to the waiver use proposal. That's signed by Gary D. Clark, Assistant City Engineer. Lastly, there is a letter from Nicholas Ioannou of the Wine Castle dated May 12, 1997 as follows: I wish to express my opposition to the Kmart Corporation receiving an SDM license at the Seven Mile and Farmington Road location. I am the owner of the Wine Castle, which is located directly South of Kmart. We are a family owned store 15532 relying on beer and wine sales for our livelihood. Kmart, as you are aware, is a huge national corporation. Within a few blocks of Kmart there are the following SDM licenses: 1. Hellenic Bakery. 2. Wine Castle. 3. Rite Aid. 4. Primo Pizza. 5. Livonia Italian Bakery. 6. Winter Garden Bar. Rite Aid is located in the same center as the Kmart. Will the citizens of Livonia be better served by having two SDM licenses just doors apart? It is obvious that the corner of Seven Mile and Farmington is not-in need of another SDM license. This area is already totally saturated with SDM licenses. The trend in the United States is away from the high concentration of the SDM and SDD licenses in a particular area to highly restricting any new licenses. I hope that the above illustration will convince the Planning Commission to deny Kmart Corporation's waiver use approval to utilize an SDM license. George Stachowski, 16185 Ronnie Lane, Livonia and I am the general store manager of the Kmart at Seven Mile and Farmington. I do understand that there are a number of establishments that sell beer and wine, however there are also a number of establishments that sell a number of the items we sell at this given store. If you've been in that store within the last 60 to 90 days, you will have noticed that we have spent about half a million dollars to refurbish, to revamp and make the shopping experience of our customers a better experience. Traffic has gone up about 15% to �... 20% since that refurbishment that the City allowed us to do. Part of that refurbishment was the pantry concept that we put in. We've added food stuffs and other hard-line and soft line skus. The people of Livonia and surrounding areas have said yes, we want this. Customer count is up substantially and sales are up substantially. We felt that adding beer and wine to our already broadening assortment would make it an even better shopping experience. These days people, with their hurried lives, they want to shop in one place only. They want to get in and get out and get everything they need in one location. That's what we are tying to do for our customers. Mr. Alanskas: From 1981 to 1992 when you had the license you say was a valuable part of Kmart, what percent of sales would you estimate? Mr. Stachowski: I wasn't there, I really couldn't tell you. Mr. Alanskas: What percentage of the business you have now would you say would be beer and wine? Mr. Stachowski: I'm sorry, I don't have that information for you. 15533 Mr. Alanskas: How about your store on Plymouth Road? You must have other branches that have beer and wine now. Mr. Stachowski: Right now the only store in the metro area is at Telegraph and 12 Mile and I don't have the information on that store. Mr. Alanskas: Too bad you don't have it. Thank you. Mr. Piercecchi: What kind of improvement do you expect to obtain from putting in beer and wine? We generally ask this question of restaurants who want Class C licenses and expect 15-20% improvement. Mr. Stachowski: I don't think that beer and wine in itself would give us 15-20% improvement, but the entire change Kmart has made, and Livonia is one of the first ones in the country to have this pantry concept, the beer and wine license is nothing but a piece of that concept. If you've been in our store, we carry dairy products now- milk, bread, that type of thing - and it's been very well accepted. We are trying to make the experience for our Livonia customers a one-stop shop. Get in, get out, get your Coke, get your bread and everything you want in one place and you can leave. We had our Grand Re-opening April 13 and the Mayor was out for it has been outstanding. Everything we have done so far the people of Livonia have accepted it well, and we are sure they v.. would appreciate being able to buy packaged beer and wine that they would normally be able to buy anyway at that one location. Mr. Piercecchi: During the period Mr. Alanskas alluded to, I shopped at Kmart. I am one of your better customers. I don't recall if you have a return bottle area. Are you going to supply that this time around? Mr. Stachowski: We already do have bottle and can returns for the soft drinks we carry. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing On Petition 97-3-2-9 closed. Mr. Alanskas: I really don't think that if Kmart doesn't have this license they would go out of business and I don't think it's needed because there are so many in the surrounding area, so I am going to suggest a denying resolution. On a motion by Mr. Alanskas, supported by Mrs. Blomberg and unanimously adopted, it was RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on May 13, 1997 on Petition 97-3-2-9 by 15534 Kmart Corporation requesting waiver use approval to utilize an SDM license in conjunction with an existing store located on the north side of Seven Mile Road between Farmington Road and Norwich Avenue in the Southeast 1/4 of Section 4, the City Planning Commission does hereby recommend to the City Council that Petition 97-3-2-9 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the proposed use fails to comply with the Zoning Ordinance standard set forth in Section 11.03(1) with respect to the requirement that there be at least a 500 foot separation between SDM licensed establishments; 3) That the proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not over saturate an area with similar type uses as is being proposed; and 4) That the proposed use is incompatible to and not 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. Mrs. Blomberg: I would just like to mention that Livonia is one of the nicest communities in which to live, and I don't think that we should be thought of as one of the first places where Kmart has an SDM license. I think that we like Kmart the way it is. I do like buying my milk there. Mr. McCann: The petition fails. You have ten days to appeal to City Council. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 97-2-3-1 by Resources Supervisory Management Corp. requesting to vacate an existing 20 foot wide water main easement across the Livonia Plaza property located on the south side of Five Mile Road between Bainbridge and Henry Ruff in the Northwest 1/4 of Section 23. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. 15535 Mr. Nowak: We have a letter from the Engineering Department as follows: Pursuant to your request, the Engineering Department has reviewed the above referenced petition. Attached is a copy of the original grant of `" easement for the proposed easement to be vacated. We have no objections to vacating the existing 20' water main easement, subject to the commencement of the new easements described in the Department of Law letter to Council dated March 13, 1997. We trust this will provide you with the information requested. Should you have any questions, please feel free to contact this office. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? Anyone from Resources Supervisory Management Corp.? There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing On Petition 97-2-3-1 closed. On a motion duly made by Mrs. Blomberg, seconded by Mr. Hale and unanimously approved, it was #5-77-97 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1997 by the City Planning Commission on Petition 97-2-3-1 by Resources Supervisory Management Corp., and pursuant to Council Resolution 177-97, requesting to vacate an existing 20' wide water main easement across the Livonia Plaza property located on the south side of Five Mile Road between Bainbridge and Henry Ruff in the Northwest 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 97-2-3-1 be approved subject to the recording of substitute grants of easement, for the following reasons: 1) That the subject easement is no longer needed to protect any public utility; 2) That new easements to protect a relocated water main in the area have been submitted for City Council acceptance. 3) That no City Department or public utility company have objected to the vacating of the subject easement. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution ti.� adopted. 15536 Mr. Alanskas, Secretary, announced the next item on the agenda is Preliminary Plat Approval for Parkview Subdivision proposed to be located on the south side of Plymouth Road between Jarvis Avenue and Jug Handle Road in the Southeast 1/4 of Section 23. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nowak: We have letters from the Parks and Recreation Department, the Traffic Bureau of the Police Department and the Fire Marshal of the Division of Fire, all stating that they have no objection to the site plan as submitted. Mr. McCann: Is the petitioner here tonight? Charles Tangora, 33300 Five Mile Road, Livonia: I am substituting for the petitioner, Ron Parz, who had to leave town with his son who is engaged in the Junior Olympics. We also have with us tonight Mr. Schron of Jarrett- Mills-Schron, the engineers of the project, if there are any questions for him. I understand from Mr. Parz that two of the lots are insufficient. He has filed an appeal before the Zoning Board of Appeals. Today we found out that it has not been put on the agenda, and there was a meeting today between the Planning Department and vr.i. the Building Department why it should go on their agenda and when it will go on. It will probably be another 2 or 3 weeks depending on the schedule of the Zoning Board of Appeals. We thought the appeal would have been heard before we came to you, unfortunately, it hasn't, so we will have to wait for that. Mr. McCann: According to our notes, we reviewed this last week and there are a number of deficiencies. I assume these deficiencies were brought up to Mr. Parz, however, according to Mr. Nagy, the engineer was going to revise the plans to overcome a couple of these problems and they were supposed to have them to our staff My understanding is that the staff has not received the revised engineering plans. Are you aware of that? Mr. Tangora: Again, it was just related to me that the plans had been revised. I think it was an easement from a retention pond to hook up to a sewer line. Mr. McCann: Our staff has not had an opportunity to review them yet, have they Mr. Miller? Mr. Miller: No. 15537 Mr. McCann: Without that we really wouldn't be able to proceed tonight. I would like to go ahead and have the public hearing. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on the Preliminary Plat approval for Parkview Subdivision closed. Mr. Alanskas: I think that because Mr. Parz is not here, and because there are some front and side yard setback problems, and until we get a chance to look at this, I think we should table this. On a motion duly made by Mr. Alanskas, seconded by Mr. Piercecchi and unanimously approved, it as #5-78-97 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1997 on Preliminary Plat Approval for Parkview Subdivision proposed to be located on the south side of Plymouth Road between Jarvis Avenue and Jug Handle Road in the Southeast 1/4 of Section 30, the City Planning Commission does hereby determine to table the Preliminary Plat Approval to date uncertain. FURTHER RESOLVED that, notice of the above hearing was sent to abutting property owners, proprietor, City departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. McCann, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. These items have been discussed at length in prior meetings and therefore there will only be limited discussion tonight and participation will require unanimous consent from the Commission. Mr. Alanskas, Secretary, announced the next item on the agenda is a Satellite Dish Antenna Application by Leon Zagornik requesting approval for the installation of a satellite dish antenna for property located at 36204 Whitcomb Drive in the Northeast 1/4 of Section 17. On a motion duly made by Mr. Alanskas, seconded by Mr. Piercecchi and unanimously approved, it was 15538 #5-79-97 RESOLVED that, the Satellite Dish Antenna Application by Leon Zagornik requesting approval for the installation of a satellite dish antenna for property located at 36204 Whitcomb Drive in the Northeast 1/4 of Section 17 be taken from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Zagornik, 36204 Whitcomb Drive, Livonia: I petitioned for this satellite dish because (this is the second time) the first time I didn't have a print and the exact figures on the height and length of the dish and the location. Also, I have a 5' fence going around the perimeter of the area where the dish is going to be installed. The dish has not been installed. It is a take down from my other location. It is only going to be added 4' to the existing pipes to support it in the ground. It is going to be mounted to the house plus reinforced in the ground. I have trees to cover the location of the dish. Also it is a perforated dish which means it is like a screen that you can see right through. Mr. Alanskas: You will now have a 16' high pole and you revised the height to be up to 21'? Slur Mr. Zagornik: There was a mistake on the contractor's end of it. There is no change on the pole itself. The total length of the pole is going to be 20'. That will be 4' in the ground itself. Mr. Alanskas: So you will still have 16' of height for that dish? Mr. Zagornik: Correct. Mr. Alanskas: I was by there again and when you are on the corner of Whitcomb and Westbrook, you don't see it. As you walk north on that side street, you will see that antenna like crazy. Mr. Zagornik: The antenna moves from south to the west end. So it will really be hidden because it's going to be on an angle. Like I explained it to the contractor, I didn't want it totally visible. We came up with a figure. From the total end of the scope from one end to the other, from the roof line itself, it will be anywhere from 1-1/2' to 2'. Mr. Alanskas: As you are walking from Westbrook, if you have a 5' fence and you have a pole 16' in the air, you are going to see that antenna. If you are 15539 on Whitcomb, you would never see it. The problem I have is that walking on Six Mile, it is very visible. Would you agree with that? ''•► Mr. Zagornik: According to the gentleman, he indicated it wouldn't be that visible. Mr. Piercecchi: From my observations of the property, it seems to me that there are 5 neighbors that would be off the service drive on Six Mile, and of course the neighbor adjacent to you, who would have direct sight to this installation. How many neighbors have given you consent? Mr. Zagornik: Three neighbors, one across the street and two right next door to me. Mr. Piercecchi: The one across the street on Westbrook? Mr. Zagornik: Yes. Mr. Piercecchi: He would't be concerned. So of the five I mentioned, you have two people who have given you consent? Mr. Zagornik: Correct. Mr. Piercecchi: I guess some people want these dishes and some don't. I don't know why you want to go beyond the 18". I think, Mr. Chairman, that it is so important here to get the neighbors' consent. This is a large saw installation. I figure there are five people who have to view this and he said really only two adjacent to him gave consent. Mr. Hale: This Commission at the last regular meeting addressed a satellite dish that I believe was 8' in total height from the ground level and you need something that is almost 16'. Mr. Zagornik: You have to get it off the tree locations itself because of the beam coming in off the satellites. Mr. Hale: Did the contractor tell you it would not do you any good to have it closer to the ground? Mr. Zagornik: No. I can do it closer to the ground, but it would be at the end of my lot in order to clear the trees. It would be more visible than what it is now. Mr. Hale: Why do you need such a big dish? Mr. Zagornik: I already have this dish. 15540 Mr. Hale: Do you use it to view foreign stations? Mr. Zagornik: Correct, and all your educational and other channels like learning `'�► channels that come in there. Mr. Alanskas: The satellite dish has to face southwest and because it is so close to the house, he has to raise it to go over the roof line, and that's the concern that I have. Mr. Chairman, I have been out to his house twice, and I am not against the satellite dish if he gets the consent of the neighbors. On a motion duly made by Mr. Alanskas, seconded by Mr. Hale and unanimously approved, it as #5-80-97 RESOLVED that, the City Planning Commission does hereby deny the Satellite Dish Antenna Application by Leon Zagornik requesting approval for the installation of a satellite dish antenna for property located at 36204 Whitcomb Drive in the Northeast 1/4 of Section 17 for the following reason: 1) That due to its size and location, this dish antenna would be detrimental to the aesthetic quality and beauty of the neighborhood by presenting a visual blight that could jeopardize the property values in the area as set forth in the comprehensive plan of the Zoning Ordinance. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: Sir, you have 10 days in which to appeal to the City Council in writing. This concludes our Regular Meeting an we will now begin the miscellaneous site plans. Anyone wishing to speak for or against the petition will be allowed to do so. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 97-4-8-10 by Auto Zone Inc., requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 29100 Plymouth Road in the Southwest 1/4 of Section 25. Mr. Miller: The property is located on the north side of Plymouth Road between Middlebelt and Haller Avenue. It is located next to Office Depot Plaza. What they are proposing to do is construct a commercial building which would be occupied by an Auto Zone Discount Auto Parts store. This is the former site of a Goodyear Tire store. The existing building on the site will be torn down. The proposed building 15541 would be 8,550 sq. ft. Access to the site would be either by Plymouth Road or Haller Avenue. They are required to have 45 parking spaces and that's what the site plan shows. They are required to have 15% for landscaping and they have 30%. The building would be constructed totally out of brick except for the dryvit over the entrance. Mr. Nowak: We have a letter from the Engineering Department dated May 8, 1997 as follows: Pursuant to your request, the Engineering Department has reviewed the above referenced site plan. Although the geometry of the drive approach onto Haller Avenue is ideal for deliveries and trash pick-up, due consideration should be given to the homeowner at 11600 Haller. The proposed drive approach should be located to the south, out of the influence of the residential properties. The petitioner should also be required to provide evidence that the Plymouth Road right-of- way has been dedicated to a full 60' wide. We also have letters from the Fire Marshal and the Traffic Bureau of the Police Department stating they have no objections to the site plan as submitted. Lastly, we have a letter from David Woodcox, Sr. Building Inspector, dated May 12, 1997 as follows: Pursuant to your request of April 30, 1997, the site plan for the above subject petition has been reviewed. The following is noted. 1. All lighting on the north property line is required to be directed or shielded away from the abutting residential property. 2. The site plan does not indicate if the landscaped areas will be sod or hydroseed. 3. The signage as proposed will require a variance from the Zoning Board of Appeals for wall signs (excess area and exposed neon) and ground sign (excess height and area). Gary Gregory: I am the company architect for Auto Zone. We have our offices at 60 Madison Avenue , Memphis, Tennessee. Mr. McCann: One of our concerns is for the neighbor at 11600 Haller. If the approach drive should be located from the south, how would that influence the residential properties? Mr. Gregory: This is the first time that comment has come up. When we originally sat down with the Planning staff, we eliminated the curb cut that was more toward Plymouth Road. To my knowledge nothing was said about the northern most curb cut. If the Planning Commission sees fit to have us move it, we would have no problem with that. Our main truck delivery would have to come from Plymouth Road. Haller Drive is a little small for us to take the large trucks that we have. The dumpster trucks also would come in off Plymouth Road. The other 15542 item, I understand that the Planning Commission does not have the power to approve or deny the signage because it is in violation of both `a. the area and the geometrics and the national makeup of the exposed neon. Unfortunately, being a trademark sign for Auto Zone, we would request the Planning Commission to approve, reject, or otherwise take the application as sees fit because it is contingent upon the signage going before the ZBA. We would like to be able to proceed with the site plan review through the City Council while we are pursuing the signage through the ZBA. Mr. McCann: We will hold the site plan review. What we generally do with the signage, you can come back at a later time. That way you can keep going on your building. Mr. Alanskas: Every corporation has said "This is the way we want our place to look". They way you want it to look and the way the City of Livonia wants it are two different issues. I think it's a very good looking building. Number 1, it really makes me happy that that Firestone building is going to be torn down, plus you have 30% of landscaping. That's two big pluses. But that neon is a big minus. It comes to mind that a year ago we had a restaurant that wanted to put neon on their entire roof line. We said why don't you just try it without and see what happens. He said, you know what? You were right, you don't need that neon. You are so close to Plymouth Road, I don't think you need it. As I said, it's a nice plan, nice landscaping and everything is a go except for that neon. Mr. Gregory: First I would like to apologize that the building is not already down. I had a conversation with the Building Department. They called me and said that there were vandals in the building and they wanted it boarded up. I told them I had already paid the contractor to take it down, but we were in the middle of an asbestos notification and I was not aware that it was not down. I drove by there today and it is still not down, but it will be down any time. On signage - unfortunately, it's a lot like your children; my are lovely to me no matter how ugly they are to you. Our company likes the Auto Zone neon. We can eliminate it on the side, we can shorten it somewhat, but unfortunately they love that Auto Zone neon. I can't tell you that there aren't stores all across the country that don't use neon because there are communities like yourself that are committed to eliminating neon and restricting signage and we are dragged kicking and screaming into compliance, but unfortunately the company I work for is going to want me to go before the Zoning Board of Appeals and throw myself on their tender mercies before we give in. 15543 Mr. Alanskas: You have a store on Eight Mile Road between Farmington and Newburgh in Farmington Hills. ftar Mr. Gregory: Yes, it is under construction right now. Mr. Alanskas: Are you going to have neon on that building? Mr. Gregory: Yes, we are. Mr. Hale: When you say neon, are you referring to the yellow stripe on the top of the building as well? Mr. Gregory: May I approach the Commission with pictures? Mr. McCann: Mr. Miller, while he is doing that, has the Planning Department looked at the issue of moving the drive south? Mr. Miller: No, we haven't. Mr. McCann: Do you have a suggestion regarding that? Mr. Miller: When we looked at this plan before, we didn't really think there was a problem. When we first saw this plan, we didn't know about the landscaping. We thought they were going to beef it up a little more. If they don't want to move it, they could put more trees or something to help screen it. Mr. McCann: How wide is that greenbelt there between the neighbor's home? Mr. Miller: There's over 30 feet. I believe there is a chain link fence. Mr. McCann: So we either have to do something with the greenbelt or move the drive. Mr. Miller: Yes. Mr. Gregory: If you look on the other side of this print, you will see we propose a 6' all brick screen wall between ourselves and the neighbors. If it would help matters, we can plant trees against that brick wall or replace that wall with landscaping a dense hedge. We need that grass there for retention pond in back of it. We can do a lot of screening. We don't foresee any traffic going north on Haller. The access back there is merely a convenience for our customers. Some people may choose to go back there and queue out to Plymouth Road. 15544 Mr. McCann: Do you believe that with a 6' fence is sufficient? Mr. Miller: Yes, I think that is plenty. He can do it like Westborn Market - put the trees over it. The other thing, I believe the drive is existing, so we didn't plan on the shifting of the drive. Mr. Hale: Can you do away with the orange stripe? I know you said the neon is something you have to have, but what about the orange stripe on top of the building? Mr. Gregory: I can't tell you we couldn't do without it. We couldn't change the color. We could cut off some of it, we have in the past. We cannot change the color. It is part of our logo. We would probably choose to eliminate it. It is our standard prototype sign. This is what is going on in Farmington Hills, this is what is already open in Roseville, Eastpoint, we have about 30 sites across the metro Detroit area under construction and about 60 sites from Ann Arbor on and we try to make them all look like this. Mr. Hale: I note that from the staff notes this matter was referred to the PRDA consultant. As I understand it that was only for the purpose of landscaping. Is there anything else that the PRDA needs to address? Mr. Miller: We sent this plan to the consultant of the PRDA, but basically we wanted to see how this landscaping here tied in with their scheme. They really don't get involved with the appearance of the building. Mr. Piercecchi: Did I understand you to say that you can eliminate that yellow stripe, and you have eliminated it in other areas? Mr. Gregory: Yes. In this case we obviously would like to go to the Zoning Board of Appeals and discuss it with them. I understand we come back to you after that prior to going to Council. Mr. Miller: One of the conditions of approval is that you have to come back for signage. Mr. Piercecchi: I am talking about the yellow stripe. Mr. Miller: If they backlight it, or neon it, or anything, that becomes signage. If he just paints it on the building, that would be different. Mr. Piercecchi: I thought he said they could eliminate it. 15545 Mr. Gregory: We consider it signage. If we are not going to light it, we would probably eliminate it totally. Mr. Piercecchi: So that yellow area normally is lit? Mr. Gregory: We consider it orange, but yes. Mr. McCann: If there is no one else wishing to speak, a motion is in order. On a motion duly made by Mr. Hale, seconded by Mrs. Blomberg and unanimously approved, it was #5-81-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 97-4-8-10 by Auto Zone Inc. requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 29100 Plymouth Road in the Southwest 1/4 of Section 25 be approved subject to the following conditions: 1. That the Site Plan marked C1.0 prepared by Auto Zone Store Development dated 3/21/97, as revised, is hereby approved and shall be adhered to; 2. That the parking spaces for the entire site shall be doubled striped; 3. That the Landscape and Exterior Building Elevation Plan marked CE1 prepared by Auto Zone Store Development dated 3/24/97, as revised, is hereby approved and shall be adhered to, except for the fact that all scored block material shown on the building elevations shall be replaced with brick; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseed; 5. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That the orange accent stripe as shown on the building elevations and color rendering would be resubmitted along with the signage, as discussed. 7. That this approval does not authorize consent of any signage or exposed neon shown on the plans. 15546 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution �.. adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 97-2-8-5 by Buick-Isuzu requesting approval to revise the building elevations and the landscaping of the auto dealership located at 30500 Plymouth Road in the Southwest 1/4 of Section 26. Mr. Miller: What they are proposing to do is to refurbish their existing facilities. The showroom which faces Plymouth Road is constructed basically out of brick. They would like to redo that whole elevation and replace it with dryvit material. Also parts of the east and west elevation would be covered with dryvit material to match the front. The rest of the building will be painted including the rear elevation. Also, they would like to put in some new landscaping along Plymouth Road in the front of the building. In the front of the building, they would install five brick paver pads that would be used to park and display vehicles. The landscaped area would consist of flower arrangements, and a number of trees. Mr. Nowak: We have a letter from the Inspection Department, David M. Woodcox, Sr. Building Inspector, dated May 9, 1997 as follows: Pursuant to w.. your request of April 30, 1997, the site plan for the above subject petition has been reviewed. Although no problems or deficiencies were found to exist, some consideration should be given to installing sod in lieu of hydroseed as indicated on the landscape plan. We also have letters from the Fire Marshal, the Assistant City Engineer and the Traffic Bureau all stating that they have no objections to the site plan as submitted. Steve Flynn, Executive Manager of the Livonia Buick-Isuzu store: This is part of the Image 2000 of the Buick Division at General Motors. We are the 7th store in the Detroit zone to undertake this project and we are meeting or exceeding all of the requirements in this redesign. I think you will see that when we have finished, we will have greatly improved the visibility from the road, not only from the landscaping, but from the face of the building which is approaching 30 years old. It's time to bring it into the 21st Century and make it more pleasing to the eye. I think you will find the colors much more attractive to the Plymouth Road Development Authority. The colors selected are Buick's traditional colors. We hope to get this started as soon as possible. 15547 Mr. Piercecchi: I just wanted to compliment you on this project. It is definitely an asset to the City of Livonia. Mr. Alanskas: I just wanted to say that at our study meeting Mr. Piercecchi had a concern about the dryvit going all the way down to the base of the building. I stopped by Tennyson Chevrolet who had it done a year ago. There is not one mark on that building. There was no one wishing to speak on this petition and Mr. McCann, Chairman, declared a motion was in order. On a motion duly made by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #5-82-97 RESOLVED that the City Planning Commission does hereby recommend to the City Council that Petition 97-2-8-5 by Livonia Buick-Isuzu requesting approval to revise the building elevations and the landscaping of the auto dealership located at 30500 Plymouth Road in the Southwest 1/4 of Section 26 be approved subject to the following conditions: 1. That the Exterior Building Elevation Plan marked sheet 3 dated 3/21/97 prepared by Infrastructure Incorporated is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet CO1 dated 4/25/97 prepared by THA Architects Engineers, is hereby approved and shall be adhered to; 3. That the Irrigation Plan marked Sheet 2 dated 1/22/97 prepared by THA Architects Engineers, is hereby approved and shall be adhered to; 4. That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. All disturbed lawn areas shall be sodded in lieu of hydroseed; 6. All light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 15548 Mr. Alanskas, Secretary, announced the next item on the agenda is Sign Permit Application by Patterson Construction, on behalf of Mobil Oil Corporation, requesting approval for signage for the gas station located at 29321 Eight Mile Road in the Northwest 1/4 of Section 1. Mr. Miller: This gas station is located on the southeast corner of Middlebelt and Eight Mile. They received site plan approval to construct a gas station and convenience store on June 4, 1996. Part of the condition of approval was that all signage be brought back before the Planning Commission for their review and approval. One ground sign is permitted not to exceed 40 sq. ft. in area and that is what they are proposing. They are also proposing two wall signs totaling 77 sq. ft. and they are permitted 100 sq. ft. of signage. The Commission had some concerns with the color of the station and this color rendering is what was agreed on during site plan approval. Mr. McCann: They are conforming in all respects. There was no one wishing to speak on this request and a motion is in order. On a motion duly made by Mr. Hale, seconded by Mrs. Blomberg and unanimously approved, it was `sr. #5-83-97 RESOLVED that, the City Planning Commission does hereby approve Sign Permit Application by Patterson Construction, on behalf of Mobil Oil Corporation, requesting approval for signage for the gas station located at 29321 Eight Mile Road in the Northwest 1/4 of Section 1 subject to the following conditions: 1) That the Sign Elevation Plan marked sheet SN-1 dated 4/18/97, as revised, prepared by Building Design Associates, is hereby approved and shall be adhered to; 2) That the Ground Sign Location Plan marked sheet CD-1 dated 4/16/97, as revised, prepared by Building Design Associates, is hereby approved and shall be adhered to; 3) That any additional signage for this station shall come back before the Planning Commission for their review and approval. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas: I wanted to make a comment. As everyone knows when they first came before the Planning Commission, they had, in our estimation, 15549 very loud colors and so forth. This shows that when the petitioner and the Commission work together, it can come out to a nice project like this. Mr. Alanskas, Secretary, announced the next item on the agenda is Sign Permit Application by Acme Architectural, on behalf of the Dry Cleaning Station, requesting approval for a wall sign for the building located at 19244 Newburgh Road in the Southwest 1/4 of Section 5. Mr. Miller: This site is located on the east side of Newburgh Road between Seven Mile and St. Martins. It is just north of the Brose Electric shop. This site is split zoned, the north half is OS, Office Services, and the south half is C-1, Local Business. The part of the site where this dry cleaning establishment is located is in the Commercial area. They are allowed one wall sign on the building of 60 sq. ft., and they are proposing one wall sign of 45 sq. ft., so it is a conforming sign package. Mr. McCann: This is a conforming sign request in all respects. In fact, they are using only about 75% of allowable signage area. There was no one in the audience wishing to be heard on this item. `.. On a motion duly made by Mrs. Blomberg, seconded by Mr. Alanskas and unanimously approved, it was #5-84-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Acme Architectural, on behalf of the Dry Cleaning Station, requesting approval for a wall sign for the building located at 19244 Newburgh Road in the Southwest 1/4 of Section 5 be approved subject to the following conditions: 1) That the Sign Package submitted by Acme Architectural as received by the Planning Commission on April 29, 1997 is hereby approved and shall be adhered to; 2) That the signage shall not be illuminated beyond one hour after the dry cleaning business closes. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: I would like to compliment the petitioner on an excellent project. The signage looks good and he didn't try to use excess signage. 15550 Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 97-5-8-11 by Seigfreid Edwards Associates, on behalf of Walgreens, requesting approval of all 4"' plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 17700 Middlebelt Road in the Southwest 1/4 of Section 12. Mr. Miller: This site is located on the northeast corner of Six Mile and Middlebelt. They are proposing to construct a commercial building on the site to be occupied by Walgreens Drug Store. The site has been split off from the Mt. Hope Memorial Cemetery. The site was recently rezoned from AG, General Agricultural, to C-1, Local Business. They are proposing to construct a 13,905 sq. ft. building on the site. Access to the site would be off Six Mile Road and off of Middlebelt Road. Also the site shows three ingress and egress easements to future development, if they should develop it, to the north and east. Parking required for the site is 74 spaces and the new site plan shows 88 spaces, so they exceed the parking requirements. The landscaping required is 15% and they show 16%. A change from the Study Meeting shows landscaping near the building on the south and west walls, and some of the drive islands have been widened and 2 of the parking spaces have been taken out to be used for additional landscaping. The building will be constructed totally out of brick with only the overhang area over the entrance �.. constructed out of a dryvit type system. The petitioner has now revised the plans and it will be a combination dark and light brown brick. The light brown brick will match the color of the dryvit. Mr. Nowak: We have a letter from the Inspection Department dated May 9, 1997 as follows: Pursuant to your request of May 1, 1997, the site plan for the above subject petition has been reviewed. For your consideration, the following is brought to your attention. The site is in the process of being rezoned from AG to C-1. The site plan was reviewed under the C-1 district regulations. The wall signs will require a variance from the Zoning Board of Appeals for the excess number of signs on the west and south elevations. No other problems or deficiencies were found. This was signed by David M. Woodcox, Sr. Building Inspector. There is another letter from the Assistant City Engineer dated May 8, 1997 as follows: Pursuant to your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the site plan proposal. Please note however, the petitioner will be required to obtain a permit from the Department of Environmental Quality for work encroaching the 100 year flood plain and the outlet of 15551 the 15% storm sewer into the Tarabusi Creek, an open natural water course. There are also letters from the Fire Marshal and the Traffic Bureau stating they have no objections to this proposal. James Seigfreid, Seigfreid Edwards Architects, 1740 Bell School Road, Cherry Valley, Illinois. Pursuant to your request, I have brought samples of the brick and dryvit. There will be a brownish-red brick up to 10' height. Above the 10' height, we have a concrete color brick from the 10' height, a horizontal band to define the two areas. The projecting canopies would be of the dryvit material which would blend in with the brick color. The whole intent is to make a very simple design, not too many embellishments on it, with a very small Walgreen sign on it. We did go to the Zoning Board of Appeals and we were denied a sign variance, so we do comply with all of the sign requirements. We did make some changes to the site plan to increase the landscape area as requested. We felt that would help the project. Mr. Piercecchi: My notes indicate that the signage would come back. Mr. McCann: Since the staff has not had an opportunity to review it, it will have to come back. One of my concerns was that you have 10' of greenbelt ti.. along the rear portion of the building next to a flood plain where there are two other petitioners. Is that right Mr. Miller? The other two parcels will be at the corner? He will not go all the way back to the flood plain? Mr. Miller: Correct. Mr. McCann: You have more greenbelt around the building. It's a great site and you have great visibility and you are obviously putting a great deal of money in it, but I don't want a stone monument out in the center of the parking lot. You are talking about a 27' planter box; what type of planter box are you intending to put in there? Are you talking about something that is going to sit on the side of the building, or are you talking about an area between the sidewalk and the building? Mr. Seigfreid: It would be the area between the sidewalk and the building. Mr. McCann: You will have underground sprinkling? Mr. Seigfreid: Yes. Every green area has an underground sprinkler system. 15552 Mr. McCann: Can you tell me why you want only 27' across the building instead of further? 'N`` Mr. Seigfreid: We don't want to go under the canopies. We could extend this further, and if it is your desire, we will. We could extend the other one a little bit because the canopy on the side is about half way. They are 4' planter boxes. Mr. McCann: So we will get a 4' planter box and you will carry it all the way to the canopy? Mr. Seigfreid: Yes, I will. Ray Tent: I am pleased that Walgreens is coming into Livonia. I think it is a splendid operation. I have several concerns. The first one is one that I addressed previously, and that's the flood plain. If that could be addressed and permits acquired to make certain the drainage will be taken care of and the wetlands will be considered, then that will be a great victory for us. I am hoping that the Walgreen drug store will succeed. There was an article in the Observer Newspaper about all the drug stores we have in the City of Livonia. No one can really get sick here because you only have to step out the door and you will find a drug store. Right down the road here you have a Rite Aid and Howard's Drugs went out of business. I am just wondering what Now Walgreens will do to Rite Aid. I hate to see vacant buildings in the City of Livonia. This is a good company, there is no question on that. They are very successful. General Mills was a very successful company too when they brought in the China Coast restaurant, and it was only there for 3 months. I am hoping that Walgreens will have a long commitment here and stay on that corner and do a great job. My other concerns: The parking bays; are they all going to be 10'x20'? Mr. McCann: They are all 10'x20' and are all going to be double striped. Mr. Tent: The landscaping is 16%, 1% over. That's better than nothing. The plants that are going to be put in there, not small guys, and they will be taken care of, not like the Credit Union. They will be a mature type. Now the hours of operation, will this be a 24 hour operation? Mr. Seigfreid: It is not a 24 hour store. I estimate it will stay open until 9:00 or 10:00 at night. Mr. Tent: Will there be drive-through services? `r. 15553 Mr. Seigfreid: We have a prescription window and the only thing you can obtain from the window are prescriptions, no food products, nothing else at all. Mr. Tent: The signage has already been addressed. They are going to comply. How about a liquor license. Are you going to apply for a liquor license? Mr. Seigfreid: Walgreens is not primarily in the liquor business. Very, very few stores have a liquor license. There's no consideration for a license here. Mr. Tent: I want to complement you on that. The lighting of the parking lot, is that shown on the plans? Mr. Seigfreid: Yes, it is. They are 20' downlighted. Mr. Tent: Thank you. I want to say I think you will do a wonderful job in the City, and it's a wonderful location that has been dormant for 40 years. My biggest concern is that flood plain. Mr. McCann: Mr. Tent, it is going to go into the Department of Environmental Quality. Mr. Tent: Mr. Alanskas said the other property for Gordon Food is not going to be built on the flood plain, but the Clinton River is also next to the property out there and when the water comes in, it goes to the property that is strictly residential. I think we should take that into consideration to make certain that everything is addressed. So with that, good luck and welcome to the City. Barbara Cook, 30348 Windingbrook, Farmington Hills, 48334: The concern we have, and I think I expressed it last time, was the water and where it is going to go. I heard that it was going to be addressed by Engineering, but I understand that presently it is scheduled to be dumped right into that drainage with no stop for it to slow down. That could be problematic and I think that if we had some kind of retention that it would not become problematic, and that was our main concern. My question is, has there been any consideration made to have some type of retention? Mr. McCann: No, not that I am aware of. That is a question that we will rely on our engineers to review to make sure that the river, or wherever the water is going to flow, can handle it. Again, if you have questions, you might want to contact the Department of Environmental Quality just to make sure your concerns are being made aware of. 15554 Mr. McCann: If there is no one else wishing to speak, a motion is in order. `" Mr. Piercecchi: I would like to make a comment to the people watching on television so that they understand that if something is zoned properly, and they meet all the requirements of our ordinance, we do not have any alternative. We have to pass it. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and approved, it was #5-85-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 97-5-8-11 by Seigfreid Edwards Associates, on behalf of Walgreens, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 17700 Middlebelt Road in the Southwest 1/4 of Section 12, be approved subject to the following conditions: 1. That the Site and Landscape Plan dated 5/16/97 prepared by Seigfreid, Edwards and Associates, is hereby approved and shall be adhered to; �.. 2. That the parking spaces for the entire site shall be 10'x20' and shall be doubled striped; 3. 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; 4. That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height. 5. That the Exterior Building Elevation Plan, as revised, prepared by Seigfreid, Edwards & Associates, is hereby approved and shall be adhered to; 6. That this approval does not authorize consent of any signage shown on the plans and that all signage shall come back before the Planning Commission and City Council for their review and approval; 7. The petitioner is willing to extend the greenbelt up to the awnings. r.. 15555 A roll call vote on the foregoing resolution resulted in the following: AYES: Blomberg, Piercecchi, Hale, McCann `"`' NAYS: Alanskas ABSENT: Walsh Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas: I have a few words to get on the record. Number 1, I have nothing against Walgreens. I have shopped in their stores, and they are an amazing chain. Livonia is a 36 mile area, and at the present time we have 29 drug stores and I have passed a few of those in the past few years, but the question is when is enough enough? Laura Toy, when she was on the Council, said we must have the sickest City because of all these drug stores. I think that a drug store every one and a quarter miles - when are we going to say we have a saturation point? Is it good planning to have more and more drugstores? I was opposed on this C-2 zoning because there was only going to be a Walgreens. In my mind, we have enough drug stores in the City, and if Walgreens or any other chain comes before us for a drug store, I am going to oppose it very heavily. Mr. Piercecchi: I share that, but it is zoned properly, it meets all the ordinance s`" requirements, and we don't have much choice. If we could have a moratorium on this, or perhaps the Planning Department could have the Legal Department look into this and we could limit and be legal. To limit at this stage of the game would not be legal. Mr. Seigfreid: Mr. Chairman, may I request a waiver of the 7 day waiting period? On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and approved, it was #5-86-97 RESOLVED that,the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure requesting the seven day period concerning effectiveness of Planning Commission resolutions in connection with Petition 97-5-8-11 by Seigfreid Edwards Associates, on behalf of Walgreens, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a commercial building on property located at 17700 Middlebelt Road in the Southwest 1/4 of Section 12. A roll call vote on the foregoing resolution resulted in the following: r.. 15556 AYES: Blomberg, Piercecchi, Hale, McCann NAYS: Alanskas ABSENT: Walsh Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Revision to Petition 95-6-8-12 by Albert Abbo & Associates, on behalf of the Nicholas Plaza, requesting approval to revise the site and landscape plans that were approved with this petition for the property located at 31429 Schoolcraft Road in the Northwest 1/4 of Section 26. Mr. Miller: This site is located on the southeast corner of Schoolcraft and Merriman Roads. They received site plan approval in July of 1995. The landscaping for the shopping center has been completed differently then what was approved. The reason for the changes is because Wayne County required the petitioner to broaden his drive off of Merriman Road. Because of the wide drive, the landscaped area that was supposed to be along the south property line could not be developed. Also, another change is that the trash enclosure has been moved back to the southeast corner of the site. With the new revised landscaped plan, the petitioner meets the required 15% landscaping. The existing changes to the site has allowed the petitioner to increase the center's parking from 30 parking spaces to 33 parking spaces. Mr. McCann: Is the petitioner here tonight? There was no one present representing this petition. Mr. McCann: It has come to our attention that the Petitioner has recently been before the ZBA and was not granted a variance for a restaurant that has approximately 64 seats which means that presently the parking requirement does not meet standards. Is that correct, Mr. Miller, and therefore the plan is not in compliance? Mr. Miller: The restaurant only is approved for 44 seats. If it is doing business with excessive seating, then that is something the Inspection Department would have to tell us. The number of seats could be confirmed by them. Mr. McCann: Since the petitioner is not here, a motion would be in order to table this. 15557 On a motion duly made by Mr. Hale, seconded by Mr. Alanskas and unanimously approved, it was #5-87-97 RESOLVED that, pursuant to a Public Hearing having been held on June 27, 1995 on Petition 95-6-8-12 by Albert Abbo & Associates, on behalf of the Nicholas Plaza requesting approval to revise the site and landscape plans that were approved with this petition for the property located at 31429 Schoolcraft Road in the Northwest 1/4 of Section 26, the City Planning Commission does hereby determine to table the Revision to Petition 95-6-8-12 to a date uncertain. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 743rd Regular Meeting and Public Hearings held on May 13, 1997 was adjourned at 9:45 p.m. CITY PLANNING COMMISSION 4-47 gsL1 Robert Alanskas, Secretary ATTEST: Li cru r. C: J./ es C. McCann, Chairman r /du \ ;�