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HomeMy WebLinkAboutPLANNING MINUTES 1993-09-28 13015 MINUTES OF THE 671st REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA `rr On Tuesday, September 28, 1993, the City Planning Commission of the City of Livonia held its 671st Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m. , with approximately 60 interested persons in the audience. Members present: Jack Engebretson R. Lee Morrow James C. McCann William LaPine Raymond W. Tent Robert Alanskas Brenda Lee Fandrei Members absent: None Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; and Scott Miller, Planner I, were also present. Mr. Engebretson informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are `"' adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. McCann, Secretary, announced the first item on the agenda is Petition 93-8-1-12 by Tri-West Development Corp. requesting to rezone property located on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23 from RUFA to R-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating their department has no objections to this rezoning proposal. We have also received a letter from James and Gladys Hosey of 14954 Flamingo stating for forty years they have lived in the City helping in many ways to make this a great City and now there are people that want to come and divide up the neighborhood. They state if Tri-West wants to split the land along Five Mile Road some other way must be found other than coming into Flamingo at Hoy. They suggested an alternate via Spanish Court or Five Mile Road or better yet, let them run a road all the way to Henry Ruff. They close by saying keep in mind the feelings of those long-time residents when planning this development. 13016 We have also received a letter from Giuliano Soave of 19235 Gill Road stating he believes the Planning Commission should approve this petition for rezoning from RUF to R-1. If kept in its current zoning, much of this land will go to waste. The most efficient use of this parcel is R-1 zoning. He further states there are already subdivisions in the surrounding area with R-1 zoning. He ends by saying he is confident the Commission will receive more negative feedback from neighbors who want to keep the present zoning of RUF but the owners of this parcel should be allowed to utilize their land in the most economically beneficial manner possible. We have also received correspondence from Eugene and Patricia Szewski of 30443 Hoy and A. Acosta of 30444 Hoy stating they are against Petition 93-8-1-12 as it would create excess traffic on Hoy and Flamingo, which has enough traffic already. Mr. Engebretson: Would the petitioner please come forward and give us your reasons for making this request. Sam Baki, 28623 Minton Ct. , Livonia: We are proposing, as you see, to rezone this parcel to R-l. We feel R-1 is sufficient enough for the location. There aren't that may lots, about 17 lots at the present time. I understand everybody is complaining about the entrance from Hoy. The traffic on Hoy is not as bad as everybody is complaining about but we felt since Five Mile is behind it and commercial on the other side, it is more sufficient to come in from the back, not to have an entrance from Five Mile, due to fact people trying to exit from that shopping center on Spanich Court to go onto Five Mile to exit west, would have a hard time turning. We felt the best way to handle any future traffic problems would be to enter from Hoy and "ta" then the people will use Henry Ruff as an entrance, where there is a light at that intersection. That is the purpose of our entrance off Hoy and Flamingo. Mr. Engebretson: Sir, you say we. Who is we? Mr. Baki: There are partners. Mr. Engebretson: And you are one of the partners? Mr. Baki: Yes. Mr. Morrow: Mr. Baki, the discussion about the roads leading into the proposed subdivision, of course, are not germane tonight. There is nothing we can do to condition zoning as it relates to how you come into a piece of property. Primarily the question is should we go from RUF to R-1. You indicated there is a 17 lot density under R-1. Did you explore any other densities of a higher nature, meaning less houses? Mr. Baki: No we didn't. Mr. Morrow: Do you currently own the property or do you have it on a condition? Mr. Baki: We have it on condition. 13017 Mr. Morrow: If you were not granted the R-1, that would kill the deal? Mr. Baki: Yes. Mr. Engebretson: Anything to add sir? Mr. Baki: Not really. Mr. Engebretson: Then we will go to the audience to see if there is anyone wishing to speak for or against this proposed rezoning. John Borovsky, 15007 Flamingo: That would be just south of this development. I am against it. If he says the traffic on Flamingo and Hoy is not that bad, he doesn't live there. People use that to escape going down Henry Ruff. Henry Ruff is an appropriately named road. It is the worse road in Livonia. People by-pass it and use our street. I have seen people going 40 to 45 down that road. That is made up of 1/2 acre lots. If he is going to chop it up into 17 postage stamp size lots, that is going to ruin the character of the neighborhood. If anything, he should use that Spanich Court property because I would like to see it cleaned up. For years I have been calling the City. There are truck tires and axles and old fuel pumps and batteries strewn about that property. Nobody cleans it up. Mr. Engebretson: That is not the property under question. We need to confine our discussion tonight to the area that is crosshatched. Mr. Borovsky: I stand on the record as being against it. It will increase traffic flow and ruin the character of the neighborhood. Debbie Shamma, 30564 Hoy: I live directly next door to this project. I am not necessarily against this project but I am against the way it has been proposed. I do disagree with the road going in the way it is and I agree with Mr. Borovsky that I would like to have the lots be much bigger. I don't disagree with the developer wanting to come in and develop that area but it is not only going to ruin what I feel is that rural urban type setting but I think it will affect our values. We are looking at all our homes sitting there with 1/2 acre treed lots and then we will have these little cracker box type homes. I happen to be a realtor so I do understand what it could do to our values. I also have children that live there and that road, I agree with John again, that road is very busy with traffic and it is due to the condition of Henry Ruff. It is so rough that everyone cuts through our neighborhood. I agree that I don't want to see extra traffic so my concern is the way it is being proposed and I would rather not have headlights in my picture window. Mr. Engebretson: Since you are a realtor, you would be qualified to give us some estimate as to the size homes that are in that general vicinity. Ms. Shamma: Almost every home is between 1200 and 1400 square feet. Mr. Engebretson: Regarding your concern with the traffic and the previous speaker was concerned about that also, if this development were to be closed on the south end and take all access to the property from Five Mile Road, would you still have that concern? 13018 Ms. Shamma: No I don't believe I would. The only other concern I would have would be the closeness of the development of the homes. That would bother me I am sure. Mr. Engebretson: I presume when you say you are immediately adjacent to the New property, how far to the rear of your home do you have a lawn type environment. Is that partly treed and wooded? Ms. Shamma: No, it is an entire yard. As a matter of fact this development company came to me to buy some of my yard and probably if market value had been offered, I would have considered because I would have liked to be an ally in the situation, but my lot from the street back goes 292 feet. Mr. Engebretson: Thank you very much for your input. Joseph Kappler, 15071 Flamingo: I am right against that property. If they do what they want to do now, our water line runs into Lot 21 and runs over to Lot 3 and if they start building there, they will have to tear up our water lines and we are going to have to put in new water lines and why should we pay for something for this developer to make money on? Another thing, when they build these small lots, we are supposed to be 10 feet off the lot line. They make us be 10 feet so why shouldn't they have to be 10 feet? If their lots are 60 feet that brings the lots down to 40 feet. How are you going to put a house and garage on 40 feet? I am against the whole works. Mr. Engebretson: I would like to ask Mr. Nagy to respond to your concern regarding the water lines. John, what would your estimation be? Mr. Kappler: The City doesn't know anything about the water lines because when they put the storm sewers in they didn't believe me. I had to dig a whole four feet deep and show them where the water lines were. Mr. Engebretson: I believe you but I am looking to Mr. Nagy from the standpoint of policies of the City. Is it possible to assure this gentleman that if this were to happen, that he would not suffer any financial loss or he wouldn't be subsidizing the builder from a financial point of view. Mr. Nagy: Any utility improvement that is brought about by the virtue of a subdivision plan will be borne by the proprietors of the subdivision. That includes any relocation of existing utilities as well as the expansion of any existing utilities or creation of new utilities. All those costs are part of the subdivision improvement costs. Mr. Kappler: When the water line broke because it is only about two feet in the middle of Lot 3, the City came to shut it off and then the people on Lot 6 or 7, they had to pay for the water line themselves because the City shut it off. Mr. Nagy: We are going through a hearing process on the question of whether or not the land should or should not be rezoned to this 13019 classification. In the event there is a subdivision that follows, there will similarly be a hearing on the plan for the subdivision itself, at which time we will get into not only street standards, lot sizes but the utilities and at that time we will have a more detailed engineering analysis of the utility improvement plan so we `" can all be specific and know what we are talking about. It is really at the time of the subdivision plan itself that we can get into those kind of detailed engineering questions. Tonight our role is one of determining whether or not it should be rezoned and if so, to what lot size. It is in the early stages of rezoning not in the details of the engineering plans. Mr. Kappler: Why can't they leave it like it is? He got the property for a song from Spanich because Mrs. Spanich didn't know anything about the lots and the bank wanted to get rid of it so he got it for practically nothing. Mr. Engebretson: Sir we can't get into that type of issue tonight. Not to trivialize your concern but that is not the issue here tonight. Mr. Kappler: Well I am against it whatever it is. Elaine Laurenchuk, 14726 Flamingo: I live slightly further south of this development. I would like to comment on the traffic. Our streets are narrow, there are no sidewalks, my children walk back and forth to elementary school, riding their bikes to a friend's house. That road gets a lot of traffic. They go very fast and more traffic would come from this development and it would not be very good. That road was not built to handle this amount of traffic. Mrs. Fandrei: Would you be against this if the street didn't come out to this intersection? Ms. Laurenchuk: To be honest I was not even notified. My neighbor notified me of it just this evening so I don't know much about the development but anything that would bring more traffic into the area, I would not be in favor of. I would like to see Henry Ruff resurfaced. That would certainly alleviate our problem but anything that would bring more traffic into the area is not good. Mrs. Fandrei: What I am asking is if the street didn't come into Hoy and Flamingo, you wouldn't be objecting to the development? Ms. Laurenchuk: I don't like the idea of small lots. We have very large lots in our neighborhood. It is a very nice park-like atmosphere and this would change the makeup. Nick Chuey: My wife and I live at 14932 Flamingo. We both are opposed to the development as it is proposed. We have enjoyed the semi-rural setting for a couple of years now. We have lived in this sub for two years. I believe the development with bringing Flamingo Road into a court situation, I am assuming there would be street lights and sidewalks in the development. We currently don't have that and I believe most of my neighbors enjoy that type of setting. 'fir 13020 Sometimes change is good but in this case I don't believe so at least as proposed. I would like to go on record that I am opposed to the development as it stands. Robert Pollock, 30505 Hoy: I am close to this proposed development. I understand .444" the question isn't about the traffic flow so I won't try to address that but the lot size which was mentioned would not be large enough to hold up the value of the houses that would be comparable to those in the area. This proposal, not in its exact state, has been put in front of the Council before and we were able to stop it at that time. Hopefully we will be able to do it again with your understanding. I had grown up at the location where I am now. I owned another house in Livonia on a slightly smaller lot, still much bigger than this, and I had purchased my parents house because of the nice area that it is with the larger lots and I would hope the Council can maintain that in this area. Dolores Young, 30425 Hoy: This proposal runs similar to what has been brought to you before and the people at that time said no they don't want the small lots because it does not fit in with the present homes. The idea of opening that road up into Hoy would totally change the whole atmosphere of the neighborhood. My husband and I are both against this at this time and the way it is proposed. Those lots at 60 x 120, most of the lots in that are are 300 feet deep. Ours is 600 feet deep so there is quite a discrepancy in the size of the present lots and the ones that are proposed so we are against it. Glenn Jackson, 30561 Hoy: That is Lot 32 at the corner of Hoy and Flamingo. As proposed I am against the proposal as it is laid out here. I am not against the development. I think there could be a compromise '41ft' here if we look at 9 lots instead of 17 and use the Spanich Court driveway there and put a road in off of that to service those 9 lots as they exist. At this time I am against the proposal. Mr. Morrow: You mentioned 9 lots, what would be the zoning? Mr. Jackson: I would leave the 9 lots at the RUFA rating but if we would come half way down Spanich Court and put a road in through there I think you would have adequate lots if you counted across there. Art Oswalt, 30544 Hoy: We have Lot 20. We have lived in Livonia about 27 years. We have seen many proposals changing from RUFA to everything else. We are against this proposal due to the fact it will create a traffic problem. On top of that we like the present environment as it is. We have trees in the back. It is nice. It is peaceful and it just sits in the way we like to see it done. We want it to be on the record that we are opposed to the present petition. Mr. Engebretson: What trees are you talking about sir? Mr. Oswalt: We have a lot of trees in our backyard. Mr. Engebretson: I am trying to understand what affect this would have on your trees. 13021 Mr. Oswalt: It would eventually because of the huge traffic pattern that would be coming up and down the road. That would probably destroy some of the trees eventually. We have seen a lot of trees taken down because of current damage. 'our David Lamb, 30544 Hoy: I am the last lot on the end. The way they have the road routed around, it is going to end up being three houses behind my lot on the same size lot as mine. I just again want to say I am against this. Virginia Oswalt, 30544 Hoy: My husband made a mistake, we are on Lot 19. We are two lots away from the proposed development. I want to know why from Bainbridge to Henry Ruff, when Bainbridge to Spanich Court is already commercial. Why are you including that from Bainbridge to Spanich Court? What I am thinking is maybe this gentleman wanted to go for residential and then eventually go commercial. Mr. Engebretson: I think we can assure you that is not going to happen. Mrs. Oswalt: I want to go on record that I am opposed. Mr. Engebretson: I would like to ask the petitioner to come back to the podium. I have a question for you. Mr. LaPine: Is Spanich Court a private road? Mr. Nagy: Yes it is. Mr. LaPine: Access by Spanich Court into this subdivision could not be accomplished unless they bought Spanich Court? Mr. Nagy: Yes and brought it up to City standards to become a fully dedicated public street. Mr. Engebretson: Sir, I understand that the lots you are proposing here would be substantially smaller by a large factor than those that exist in this area, but I am curious to know what your long range plans are regarding the homes you will be putting in there. What general size home do you have in mind? Mr. Baki: We are starting at 1250 square foot and up to about 2000 square feet. We have a sample ranch at the present time being built on West Chicago. They can check that house out. That house is 1700 square feet. That identical layout with exterior elevation with some amount of brick, which would be roughly 50% of brick on the house, is going to be present on these homes. The starting price is $125,000. That is the purpose of having these many lots because of the costs incurred and due to all the prices in the area, it has been confirmed the average house in that area generally runs about $115,000 based on 1200 square feet. Mr. Tent: Mr. Baki, I understand the property is subject to. In other words you haven't purchased the property. Mr. Baki: That is true. 13022 Mr. Tent: One of the things you said I take issue with. It is pretty hard to find a home in Livonia for less than $100,000. We have a good community and the homes are quite large and we do have large lots and we have some smaller ones, but in this particular area have you given any thought in keeping it in the RUF zoning category and build homes in this size? Mr. Baki: It will not go with the cost of the new construction. Between the property's cost and the new construction, the prices of the homes would have to start at $175,000. That area will not take it. Mr. Tent: So you are set in your ways to the extent that if you weren't fortunate in getting the zoning, this would be the end? Mr. Baki: Yes. Like some other people mentioned with respect to Spanich Court, which is a private road, we already looked into that first and then we found out Spanich Court was not built to City standards. For that road to be built to City standards it would cost $100,000. Mr. Tent: So nowhere in your figuring could you come up with anything greater than what you are proposing at this time? Mr. Baki: There is one way coming off Five Mile and then that would be another issue. To turn left off Five Mile is going to be the hardest. I have tried a few times to turn off Spanich Court when we were looking at this property, and from the shopping center there is a lot of traffic and it is hard to get out to turn left. We felt it would be a better idea to come from the back. '111m' Mr. Tent: When is your option up? Mr. Baki: The option is whenever we go to the City Council. Mr. Tent: No set date? Mr. Baki: No. Mr. Engebretson: Do you have anything to add? Mr. Baki: With respect to water and sewer, there is water and sewer in the back of the property on Spanich Court. That is where the proposed connection is going to be. Mrs. Fandrei: John, what would R-2 be? Mr. Nagy: R-2 would be 70x120. Mrs. Fandrei: R-3 would be 80x120? Mr. Nagy: That is correct. Mrs. Fandrei: Right now, what is our general front measurement on Hoy? Mr. Nagy: 65 feet. 13023 Mrs. Fandrei: So that is close to the R-2. Nick Chuey, 14932 Flamingo: I would like to ask the petitioner if they have a slide showing the whole proposed modification to the property? rrs. Mr. Engebretson: There is some preliminary work that was presented to the staff and we have had the opportunity at our study meeting getting prepared for this meeting to see that. We had some concerns that have been expressed here tonight regarding that traffic flow and the impact on the existing residents, etc. and while there isn't anything to present to you because it is a zoning issue, I understand your question is a valid question. It is one that can be discussed if they have that kind of material available but tonight we are trying to deal with the zoning issue and if it were successful going through the process, then we would deal with the platting of that land and you, of course, would be invited to those meetings as well. I can tell you the rough work that has been presented at this time did not receive a very favorable reaction for many of the same reasons that have been brought up here tonight. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 93-8-1-12 closed. On a motion duly made by Mr. Alanskas and seconded by Mrs. Fandrei, it was ##9-173-93 RESOLVED that, pursuant to a Public Hearing having been held on September 28, 1993 on Petition 93-8-1-12 by Tri-West Development Corp. requesting to rezone property located on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23 from RUFA to R-1, the City Planning Commission does hereby determine to table Petition 93-8-1-12 until the study meeting of October 5, 1993. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Fandrei, LaPine, Alanskas, Engebretson NAYS: Morrow, McCann ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-8-1-13 by T. Rogvoy Assoc. & Boston Chicken requesting to rezone property located on the west side of Middlebelt Road between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 11 from P to C-2. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. 13024 Mr. Nagy: We have received a letter from the Engineering Department stating their department has no objections to this rezoning proposal. Mr. Engebretson: Is the petitioner present? John Carlin: I am appearing on behalf of Boston Chicken. We are the petitioners. We would like to tear down the two buildings that are there, that are surrounded by this brick wall. We would tear down the brick wall as well and construct a Boston Chicken restaurant. I have site plans here. I have drawings here. I have photographs of the existing buildings that we would tear down. I think all of you are familiar with this location. I think that the usage of C-1 and C-2 around this site is compatible to what our use is, C-2. There is P, parking, in the back. Our petition is to at least change the hatched area. That is the only portion we are involved with tonight. We think it would be a big improvement to the entire frontage. They have done a nice job with the mall and we will be removing an eyesore and build a nice restaurant. Mr. Morrow: Mr. Carlin, just for clarification, you would take those two buildings to the north all the way up to the service station, you would raze those buildings to make your development. Mr. Carlin: That is correct, and the wall behind on the left side of these two buildings and the south side right up to the driveway. I am not sure what happens to the wall along the south side of the gas station and west side of the gas station. Whether that would come down or not I am not sure. Mr. LaPine: If those two buildings are taken down and that property is rezoned Solar and you build a freestanding building there with the required setback under the ordinance, are you going to have enough parking on your parcel? I am not talking about the shopping center, because it is my understanding from other petitioners that they had some kind of agreement with the shopping center that there were a certain number of spaces behind these two buildings that they could use for parking. Are you still going to be utilizing that parking or will your freestanding building have enough parking within its boundaries to handle your restaurant? Mr. Carlin: The answer is no. We are sharing the parking with the surrounding property owners. Mr. LaPine: At the time the other potential tenant was moving in there, there wasn't a big problem with the parking but since that time you have Sveden House Restaurant plus the pet shop and where there used to be parking that was supposedly given to these people to use, it is now being utilized by the restaurant and pet shop. I am just wondering if you are buying a piece of property where you are going to find out you are going to have a real problem with parking because I know Boston Chicken. Your establishment you have in Livonia now is very successful. I know the one you just built on Telegraph Road, I go by it every day, there are always people lined up to get into the place. My problem is because this is right on 13025 Middlebelt Road at a very, very busy intersection, and because basically Boston Chicken is a carry-out operation, if this is the right location for this type of operation. Believe me I want you to come to Livonia and I want to see that freestanding building but I think we have a problem here. I think we have to look at it and address it. Mr. Carlin: When you get to the site plan they do have a drive-thru, so that will cut down on the amount of people entering the restaurant. We have found with our on-site parking, and we will have the employees use the shared parking, we should have plenty of space. I was just over there tonight and there was nothing being used in this area here. (He pointed this out on the map). Mr. Tent: Mr. Carlin, Boston Chicken is a fine operation which I certainly want to come to Livonia and I think the people do a good job. Can you tell me the size of this Boston Chicken as compared to the one at Newburgh and Six Mile Road? Mr. Carlin: I wasn't aware we were going to get into the site plan so I didn't review a lot of that. This one would be 2880 to 3000 square feet. I believe the other store is probably 2600 to 2700 square feet. I am not one hundred percent certain. Mr. Tent: Then this will be a larger store. Do you feel by removing the existing masonry wall, which takes up parking, etc, is that going to add any additional parking? Mr. Carlin: We do pick up some additional parking as a result of moving the wall simply because you can use the space and you have the ingress and egress so yes that does have an affect. Mr. Tent: I am pleased you are going to do that and you are tearing down the two existing buildings but I have to share the feelings of my fellow Commissioner about the parking and I hope you can address that. Mr. Carlin: That is a concern of ours as well. If you can't park, you can't get into the restaurant. We aren't interested in running something that our customers aren't going to be able to have access to. We are aware of that. We have looked at this site and we feel we can service our customers with the parking and with the shared parking at the peak overflow times. Mr. Tent: You say you are going to have a drive-up window at this location. Do you have that at any other location? Mr. Carlin: No we do not. It is something we have been looking at for over a year now. It has been studied. It has been operated in other locations, not in Michigan. In several of these Michigan locations we are doing a design to accommodate that if a decision is made to go that way. Mr. Tent: You feel by being a carry-out, cars can drive through without parking? 13026 Mr. Carlin: Yes. Mrs. Fandrei: Mr. Carlin, I am also very anxious to have you, not only have you come to Livonia again, but to have you come into this area. That _1 ,,, is an area that has been suffering and you have a good operation and we feel good about your company and your product. We are very interested in trying to accommodate you. How deficient are you in your parking? Mr. Engebretson: Mr. Carlin, since that question really wasn't something you were prepared to deal with here tonight, and we are really far off track, I think the concern is we don't want to send you the wrong message of giving you approval for changing this parking and then you turn up later with a parking problem. We are moving far off the zoning issue. Mr. Carlin: To answer the question, 31 spaces are required. We have 23 on site so we would be 8 deficient. We can have 6 employees park off site so that is only 2 deficient. We are convinced we can handle it. Mrs. Fandrei: It does have a bearing on the rezoning and we are more comfortable with two short. Mr. LaPine: I have no problem with the rezoning request. I am going to have to really be convinced before I approve any site plan because when you are talking about a drive-in restaurant, we have to talk about the stacking of cars, where do we stack them? How will that work out on the site There are a lot of problems here. I have no objection to the rezoning of this parcel but I may have a problem '401w when you come in with a site plan. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 93-8-1-13 closed. On a motion duly made by Mr. Tent, seconded by Mr. Morrow and unanimously approved, it was #9-174-93 RESOLVED that, pursuant to a Public Hearing having been held on September 28, 1993 on Petition 93-8-1-13 by T. Rogvoy Assoc. & Boston Chicken requesting to rezone property located on the west side of Middlebelt Road between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 11 from P to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 93-8-1-13 be approved for the following reasons: 1) That the proposed change of zoning is consistent with the adjacent zoning district in the area. 2) That the proposed change of zoning will provide for a zoning district which will permit uses which are compatible to and in harmony with the surrounding use in the area. 3) That the shape and location of the present P, parking zoning district is arbitrary and prevents the development of the subject property for any commercial use which is compatible to the adjacent '04111. uses in the area. 13027 FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #1543, as amended. Mr. Tent: The reason I made the approving resolution here is I would like to get that area cleaned up and I think we can work with the petitioner when he comes in with the site plan to make this a viable site and I agree with my fellow Commissioner, I will look at it very strongly and it will be a tough one but I believe the zoning is appropriate. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-9-2-22 by Building Committee, Inc. requesting waiver use approval to construct a new credit union facility to be located on the south side of Five Mile Road between Levan and Golfview Drive in the Northeast 1/4 of Section 20. Mr. Nagy: We have received a letter from the Engineering Department stating there is currently an application before the Department of Natural Resources to fill a portion of the designated flood plain across a portion of the subject site. While this office has indicated to the above agency that we have no objections to the placement of fill, the final determination relative to the matter will be made by the Department of Natural Resources. We received a follow up letter from Engineering making reference to their first letter. This letter states when the preliminary plat for Rennolds Ravine Subdivision was submitted to the Department of Natural Resources circa 1987, the above agency determined that there was a flood plain associated with the Bell Branch of the Bakewell Drain which traverses the property. The above determination was made pursuant to Public Act 167. Please note, however, that under City Ordinance 1543 this area is not designated as a flood plain. They further state based on the above information, their office responded to a Department of Natural Resources application to fill a flood plain submitted on behalf of the subject property. You will note that we did not object to the filling of the flood plain since it did not contradict any City Ordinances. We indicated, however, our concern with the impact that the current flood plain fill request would have on the design criteria submitted to the Department of Natural Resources for the relocation of the flood plain and the installation of the culvert under Golfview Avenue in connection with the Rennolds Ravine Subdivision. Therefore, this office has indicated earlier that we had no objection to the filling of the flood plain subject to a re-review by the Department of Natural Resources of the 1987 information with the current application information. We have also received letters from the Fire Marshal's office and the Traffic Bureau stating they have no objection to this proposal. Also in our file is a letter from the Ordinance Enforcement Division stating that their office has no objection to this proposal; however they would like to bring to our attention the 'tow following: 1. Unless specifically waived as a function of site 13028 plan approval, a protective wall is required where this property abuts property zoned residential, and 2. The ground sign proposed for this property may be a maximum of 10 square feet in area, 6 feet high at a minimum setback of 10 feet from the property line. We have also received a letter from Ronald and Karen Reinke of 15025 Golfview expressing their concern over this petition. They state they purchased their home in 1987 and were aware of the zoning designation on the property in question. In an ideal situation, they believe that everyone would like to see this land remain vacant or rezoned residential; however this is not the case. They go on to say they object to the entrance off Golfview Drive as it appears to be a very unsafe condition. Traffic has increased significantly in the last several years on Five Mile and many of them have had near misses trying to turn left into the sub with patrons of Idyl Wyld and Bobby's Country House trying to turn left into those establishments. Additionally, the residents on Parkhurst were charged a premium for their ravine lots and now it appears that some of the residents will now have a driveway view with guardrail and little or no landscaping. They go on to say the second concern is the proposed filling in of the floodplain and destruction of wetlands. Their concern centers on the fact that in instances of heavy rain, their rear yard two blocks south from the Bakewell Drain has flooded to within 15 feet of their home and water has been over the curbs at the intersection of Golfview and Howell. This situation exists because the sub was engineered to dump storm water to the Bakewell Drain, the flow of the drain has increased with development to the west. The question of filling in the flood plain causes them great concern. The end by saying ft. destruction of wetlands is yet another problem that the DNR must approve and from personal experience, it must be replaced. They see no evidence that this is even being attempted on the plan as presented. In speaking to the Planning staff, the wetlands may not be a point of contention, however, it does appear on the owners request to fill the area. Mr. Engebretson: Would the petitioner please come forward. Bill Minahan, President of BCI, Building Committee, Inc. We are the designers and builders of this project. We have been hired by the Livonia Parishes Credit Union to develop this project for them, to come up with a site plan, a plan for the building itself, and ultimately construct it if we are allowed to, on this site. The credit union is a closed charter credit union, which means you must be part of a specific group in order to join it. Our experience in 10 to 15 years of doing this work through the midwest is that tends to be a fairly low impact kind of credit union for this type of property. It is not like a bank where anybody can walk in and participate. You must be part of a small group in order to be a member there. The site was designed in such a way to allow us to put about a 4500 square foot building with the ability to have a drive-up and with possible expansion capabilities in the future. What we are asking for is apparently a waiver from you in order to develop the property. 13029 Mr. Engebretson: To make that clear for others, this proposed use is not a permitted use in the OS zoning district but it is a use that is permitted with this special waiver process that we are going through here, which in effect could up the zoning just a notch. It `�.. is a zoning type of issue but it is not really a change. Mr. Morrow: I just wanted to explore your clients. You mentioned parishes as plural. Is it representing one particular parish or will this be a service bureau for a conglomerate of credit unions in the area? Mr. Minahan: This is a fixed group of people right now that must be part of eight parishes. You must participate within that parish in order to be eligible for membership within the credit union. Mr. Morrow: Are these Livonia parishes or parishes outside the border of Livonia? Mr. Minahan: All but one are located in Livonia. Mr. Morrow: The ones in Livonia have their facilities here in Livonia. Mr. Minahan: Yes. Mr. Alanskas: What would the membership roughly be? Fred Schuster, Manager of Livonia Parishes Credit Union: The number of participants in the area, I broke them down into zip codes. We have in 48150 - 1,384 accounts, in 48152 - 594 accounts, and in 48154 - 1,430 accounts presently. We do have some members who live in surrounding areas. The other parish we service is Our Lady Victory of Northville but we do service families in Westland and Garden City. So it covers some of the surrounding area. Mr. Alanskas: So what you are saying this facility could be used by at least 4,000 people. Mr. Schuster: Yes. Mr. LaPine: The eight parishes that this is going to combine, do those parishes now have a credit union? Mr. Schuster: Yes Livonia Parishes. We are existing now. Our office is on Plymouth Road. Mr. LaPine: So you have a location now but you want to relocate? Mr. Schuster: Correct. We have been there for 42 years. Mrs. Fandrei: The notes we have from our study meeting state that your square footage was 5500 and the gentleman is stating 4500. Mr. Minahan: The building as it is currently designed is at 4500 square feet. That is the size of the building as it would be originally developed. 13030 Mrs. Fandrei: Your future expansion that you have on your site plan, what square footage would that be? Mr. Minahan: I believe somewhere in the neighborhood of 1,000 square feet. vrr. Mrs. Fandrei: Then that would get us up to the 5500. Mr. Shane presented the Schematic Site Plan to the Commissioners and audience. Mrs. Fandrei: Your entrance would be the west elevation? Mr. Minahan: That is correct. The main entrance of the building will be on the west. Mrs. Fandrei: You are required to have two handicap parking spaces and there is one at that location? Mr. Minahan: If we are requested to have two, we can easily do that. Mrs. Fandrei: I guess I would like to know why you laid it out with the entrance into the project being off of Golfview. Mr. Minahan: When we develop these buildings one of the ways that you want to keep the circulation on site and under some control is to separate the member parking from the drive-up. This entrance off Golfview gave us the opportunity to create more than adequate stack-up space and to separate that traffic from members walking through the parking lot, getting out of their cars. It is a safety feature. Mrs. Fandrei: Would it be possible to take your entrance at that location rather than at Golfview Drive where it would be interfering with your residential traffic to go off Five Mile Road? Mr. Minahan: Sure we could do that. Mrs. Fandrei: That is the problem I have. That is the only road to get in or out of the subdivision. Mr. Minahan: I don't see that as a problem. The only concern I have, generally communities have objections to having so many curb cuts. Mrs. Fandrei: It is not favorable but it might be less objectionable to the residents. Mr. Minahan: The very shape of this site is somewhat awkward. That land in the northeast corner is not much use to us other than for landscaping purposes. It would be very easy to bring a drive through there. Mr. Engebretson: I am not aware of a single commercial development in the City that takes access from a residential street. I think that the issue of the number of curb cuts on Five Mile Road is an insignificant factor relative to that. Mr. Minahan: We would have no problem at all changing that. 'Nr• 13031 Mr. Morrow: What are your hours of operation? Mr. Schuster: Monday through Thursday, 10:00 a.m. to 5:00 p.m. Friday 9:30 a.m. until 6:30 p.m. and Saturday from 9:00 a.m. until noon. Now They presented a color rendering. Mr. Engebretson: Does that represent the true colors? Mr. Minahan: The colors have not been determined by the Board of Directors. They have seen this and they like it. It is certainly subject to some review. The intention was to develop a building to make it look like a credit union building and secondly to have it fit into a nearby residential area so we chose a style that we hoped would be compatible using brick with either aluminim or vinyl siding and an asphalt shingle roof and fully landscaped all around. Mr. Engebretson: And the landscape plan, if this were approved, would come later? Mr. Minahan: Yes it would. We have certainly put funds in the budget for this to meet your expectations. Mr. Engebretson: Would that include funds that would provide for substantial berms and barriers that would separate your property from the residential so they are not looking at an asphalt parking lot? Mr. Minahan: The concern we have goes back to the shape of the site. The eastern portion of that site is very narrow. Moving that drive over to Five Mile would help. We are certainly open to looking at that. We want to be a good neighbor. We want to develop a project '04411. that everyone would be proud of and if berms are needed, we will certainly look at it. I am just somewhat cautious about the eastern half of the site, the narrowness, that it pushes everything too far north depending on how high of a berm. If we are talking about a two foot or three foot berm, we could certainly do that. If it gets to be more than that, that could be a problem. Mr. Engebretson: You are aware there are ordinances here that require either a wall or berm or greenbelt to separate residential areas from non-residential uses. Mr. Minahan: We would expect to comply with that. Mr. Engebretson: Since this site is so difficult to work with, wouldn't it have made sense to look at the other half of that empty parcel there that would be to the west of this parcel? Mr. Minahan: During negotiations with the owner this site became a more favorable one for him to sell and I can't remember the reasons for not looking at that site but this was the one that was offered. Mr. Engebretson: It would just appear a lot of problems that we are concerned about would go away. 13032 Mr. Minahan: It certainly would because we would have all the depth that we would need but I think with what we are planning here, and what is being requested in terms of berms, I think we can comply with that. _om._ Mrs. Fandrei: What percentage of the property are you developing? Mr. Minahan: I have not calculated that. The property right now is roughly 1.6 acres with 4500, potentially 5500 square foot building. Mrs. Fandrei: Mr. Nagy, do you know the total acreage on the full parcel? Mr. Nagy: The total size is 6.16 acres. Mrs. Fandrei: Is that his site or the total site? Mr. Shane: The total site. Mrs. Fandrei: How many acres is their proposal? Mr. Shane: 1.6 acres. Bill Campbell: I am with the realtor involved with the property. The total piece of property is 5.067 acres of which this is approximately 1.3 acre sale. If I could go on just a little bit to help Mrs. Fandrei as far as why this was selected. The way the development was, the way the owner had approached us was they could utilize the smaller and narrow segment for parking rather than trying to squeeze on a building and then put all the parking at that end so this way here would work out better for everyone plus the cost was a little less than the other end. Mr. Minahan: I want to continue with that a little bit. Credit unions nationwide are regulated by a 5% limit on assets. In order to develop the size of the building 5% limit is for land and building. In order to develop the size of the building we needed, we had to keep the land costs under control. You asked the question why we didn't move over to the western portion of this site. That property, because of its depth, required us to take more, which increased the cost and made the project not feasible for us. This became a much more attractive portion even though it is an odd shape. Mr. Engebretson: We will go to the audience to see if there is anyone wishing to speak for or against this proposal. Carl Short, 15065 Woodside: I live in the affected subdivision and I am President of the civic association in that area. I have three major questions. One revolves around the flood plain alteration, which is connected with this proposal. The impact on that, according to the City of Livonia now, is they don't recognize the flood plains exist. Is that a correct assumption? Mr. Engebretson: Let me try to respond to that. It is our understanding that the DNR, who has ultimate control over these issues, will be rendering a decision relative to this proposal in the very near future. They 13033 are the controlling body. If they determine that a piece of land is either flood plain or wetland, they will determine whether or not it can be used and if it can, if there are other mitigating factors, etc. That is not really for us to deal with tonight. I hope that helps you understand who does have control. Mr. Short: I understand at the same time the City of Livonia does have some impact. They do have a say in the hearings the DNR puts on. Mr. Engebretson: The DNR has the ultimate control. Mr. Short: Yes they do. By virtue of the fact that if they don't put up a wall upon this subject property line, you are jeopardizing a ten million dollar subdivision. As was mentioned earlier in a letter from Mr. Reinke, water backs up. That is a low area all the way through. Everybody I have talked to in that subdivision, 72 houses, say their sump pump goes on at least every half hour. We realized when we bought there were possible water problems. We can live with that. We cannot live with the fact that our City has stabbed us in the back. Mr. Engebretson: Let me respond to that. The wall you refer to is not a requirement. It was a requirement at one time. You could either put up a wall or go to the Zoning Board of Appeals and seek the use of a greenbelt with or without a berm in lieu of a wall. We have recently implemented a new ordinance that gives the Planning Commission and Council the latitude to substitute a greenbelt, with or without a berm, in substitution for a wall, particularly in a case like this where a wall would be detrimental. I can assure you sto.. the City Engineering Department and the City Planning Commission and I am sure the Council would recognize that potential damage and would never force the developer to put a wall in there. There will be no wall. Mr. Short: Number two was the proposed entrance to the credit union. That also has been taken care of. Number three, the increase in the traffic pattern in that general area. Right now during rush hour, both in the morning and at night, there is a fair amount of difficulty getting out of our subdivision and the subdivision immediately across the street due to traffic on Five Mile. With the increased traffic that credit union will be putting in the immediate area, I would like to request a traffic study be made to put in a traffic signal. John Hayden, 15105 Golfview: I too am opposed to the entrance which apparently has been taken care of. My other two main concerns are regarding the flood plain. I am not an engineer but I know water when I see it in my backyard and my basement and right now it is not there and I would hope any changes in the flood plain won't negatively impact our home. I also have a concern with respect to the increased traffic congestion. I have some security or safety concerns as that corner at Golfview and Five Mile Road is a drop off for the children when they come from school. Also our high school kids are waiting inside the subdivision for the school buses to pick them up at seven o'clock in the morning. This time of the year it is dark. 13034 I don't know if there is going to be an ATM at this site but I would have a concern with respect to people coming through and using the facility at all hours if there is an ATM machine. �.. Mr. Engebretson: I would like to ask the petitioner to clarify for the record whether or not there will be a proposal for an ATM. Mr. Minehan: There is no plan right now to put an ATM machine in. However, we want the option to have that. We would propose a drive-up ATM underneath the canopy that would be well lighted. Mr. Engebretson: It is my understanding that if you were to want an ATM in the future, you would come back and go through a process similar to this so we would have a chance to have our say at that time. At the moment there is no ATM indicated on this property. Don Anderson, 15121 Golfview: That would be four houses from the corner. Some of the concerns I have, have already been expressed. I think that is a very busy intersection because there are two subdivisions that are emptying into that area. If I sense the Chairman's remarks correctly, that entrance through the subdivision seems to be a serious problem to you as it is to the rest of us. If you look at that entrance, you will see that it is barely more than a car's length from the sidewalk and you have to actually walk that area to see how unsafe that entrance is in this particular plan. The plan as a whole is a very ambitious one. It is a very ambitious project. It is a very poor site selection. You can see the problems that have cropped up here in a number of different areas. The people that back onto this particular property will have the advantage of watching a stream of cars go through the drive-thru section most of the day, certainly on weekends and there is nothing in this particular plan that shows any kind of landscaping. There is a guardrail. If you like guardrails, I guess that is good. There is a Christmas tree or two to the left and all landscaping is on Five Mile Road so if you live across the road, you get the trees but if you live behind, you get asphalt and something that might look like alley more than anything else. This is a very ambitious project as indicated by the plans for future expansion. I heard the number 4,000 members of this credit union. They are obviously planning on having more members at a future point in time and that will increase the traffic to this particular project. I strongly urge the Commission to give serious consideration to not approving this particular plan. Bill McDonnell: I own Lot 40 on Parkhurst at Golfview: The culvert that runs through here right now runs underneath the street. Is anyone aware of how much water this drain handles? Mr. Nagy, do you have any idea how much water this handles? Mr. Nagy: In terms of volume. I leave that up to our City Engineer. It is their responsibility. It is not mine. Mr. McDonnell: I understand that you read some letters. I am just going by facts. These are things he has introduced to us indicating the City found nothing wrong with the site plan and if you will look at the s‘"" entrance, which we are talking about, that is ridiculous. 13035 Mr. Engebretson: If you had been paying attention sir, you would realize. Mr. McDonnell: I understand but it was presented in here as acceptable. We are here contesting it and you are hearing it, which is fine. That is Ni.. the way it should be, but I don't understand the City looking at a site plan like this and approving it. Mr. Engebretson: From the point of view that those departments were asked to respond within the areas of their concern and authority, they responded in an appropriate manner. Now we are having this hearing to deal with all the issues and I think we have a long ways to go here. I hope you understand the City is very concerned about your concerns and the fact that a department head found nothing technically wrong with the proposal, from his particular point of view, was not doing you or anyone else a disservice. That you are being assured of here tonight and again at City Council. Mr. McCann: I think when an engineer looks at it, he looks at it, is there an engineering problem? He is not looking at a traffic study. The police look at it from a different point of view as to whether emergency vehicles can get in and get out. It is up to the Planning Commission and Council to put it together and see if the project as a whole is feasible. That is what we are trying to do here. Nobody is being a traitor. People get angry at us but this is our first chance to look at it. We have never seen this before our study session last week. We are taking a look at it. The idea of this public hearing is to get the viewpoints of the neighbors and petitioner and then make a decision based on what is good for the City as a whole and consider the local neighbors. We are independent people who work in the City. We are all residents of the City. We come up here to do the public good and we are not trying to hurt anybody and our interests are in the best of the City. Your comment that the City is betraying you, that has nothing to do with it. That is why we are here and that is why we are spending a lot of time on this issue tonight. Mr. McDonnell: There was nothing about the City betraying us. That wasn't the idea. The idea is if you have people in a job and you give them a job to do, you have to look at these things. I am not on the Planning Commission. I am not totally aware of everything that goes on in the City but I certainly can see the proposed project as it is right now just wouldn't fly. Mr. Engebretson: That is our job. That is what we are here to do tonight. Mr. McDonnell: The other question. We are talking about the flood plain. We are going to go to the DNR. This meeting is on October 6. Is that not the tail wagging the dog here? Supposing we go through this exercise here and they say there is no feasible way we can change that. If you don't know how much water this drain has to handle, how can you possibly make any judgment? When you build this project you will have more surface water that this will be able to handle. When it rains, there is a concrete abutment, which the culvert runs through. That thing runs to the very top of that. The people are saying at the other end the water cannot get out 13036 fast enough so it backs up. When you start talking about putting a culvert in, you better make an on-site visit and see what you have and what can be done. That is our concern. Our concern is we want someone to represent us. You represent us and we ask that you �.. represent us in a way that looks towards us. You are on our side, I believe. I don't have anything against anybody that wants to develop anything but they have to consider where the property is, what is behind it and how it impacts the rest of the people. Good points were brought out here. Buses stop here to pick up kids. Just take a trip sometime at 4:00 or 5:00 and see how hard it is to get into that subdivision. You could not in good conscience look at this thing and understand it and say this is a good proposal. It is not a personal criticism to you or anybody else but I want you to understand what we are concerned about and we want you to look very hard at the situation before this thing is approved. Mr. Alanskas: To the gentleman that just spoke, I live just south of your subdivision and my wife and I walk through your subdivision at least once a week. We walk there to look at flowers and nice homes and I really have not seen that much water. I would be more than glad to come by again and take a walk with you to see what you are referring to. Mr. McDonnell: When you are sitting with your windows open and you hear a roaring, you wonder what was that and I walked out to the back and it was this water running down this drain. Mr. Alanskas: I would like to see that. That is very important. Mr. McDonnell: I might have some photographs. This is not just a one-time thing. Now you take this blacktop you are talking about and you are going to add this surface water to it and you are talking about filling up the stream, there will be a major situation. If you want to have 100,000 people down at City Hall raising hell, I don't think you want that. Mr. Alanskas: I will take another look at it. John McIntire, 36066 Parkhurst: I am directly adjacent to the proposed development. The question as to exactly where the fill dirt is going to be placed, it looks like they are actually going to put it on my property. My property extends on the other side of the drain at least 20 to 25 feet and according to this proposal, fill dirt is going to be put contiguous to the drain. I am not an engineer but I do know water flows downhill and if you put more dirt there, it is going to make my land wetter and less usable. My kids play there. We plant flowers there. We use that property on the other side of the ravine. I would like to ask where that fill dirt is going to be placed. Mr. Engebretson: I would think probably not but let me tell you I don't think we are going to resolve this issue tonight. There are many outstanding issues that need to be investigated like yours. Mr. McIntire: You have already addressed most of my other issues. `rr. 13037 Tom Groth, 15063 Golfview: I am seven houses from the corner off Five Mile. I want to emphasize one of the more practical aspects that may have been missed, there is only one entrance to that subdivision. There is no other exit so when people come in and they go south, they have to circle the subdivision or make a turn at the berm that is in the middle of the street on Golfview. I am very much concerned. We have 30 to 50 children that go through the subdivision in the morning or at noon or at night. There are 72 houses where these children come from and one of the other neighbors said there is a school bus stop that is very busy at that corner. Most of you know that Comerica is down the street from us. They have four or five drive-in windows. I have been there many times when cars are backed up four or five deep. My biggest concern is if the drive-thru or the entrance on either side of Five Mile were backed up, the question is where would the cars sit, on Five Mile or would they flow into the Rennolds Ravine Subdivision. It has happened on one of the car washes at Five Mile and Beech Daly where the cars backed up. If we have any evidence of the same type of activity that is evident at Comerica, we will have a very big traffic congestion problem. I would urge, from a practical and commonsense standpoint, whether or not we can keep that traffic flow down to a minimum. The last thing I would like to say is I have gone through three sump pumps in the subdivision. It is wet back there now and the pump pumps all the time. My concern is, not being an engineer, but in terms of filling the back of the building with some dirt, etc. that would push drainage problems further south. I would just urge the Planning Commission to take a common sense, practical approach because I feel we are going to have major problems. We have had near head-on accidents coming into the subdivision. I don't know if police reports are available but activity has picked No" up substantially. Joel Johnson, 36092 Parkhurst: My property backs up to the ravine. I would like to recommend to the Planning Commission to reject approval of the petition for the following reasons: First, filling in the flood plain would be disastrous to the residents who live on the ravine. Already in the six years we have lived here, we have lost at least six feet of property from high waters. Fortunately we have a deeper lot than some of our neighbors who have lost at least ten. Whenever there is a heavy rain, the current of the ravine is rapid and the water raises to a level even with our yard. The flood plain in question is completely covered. Filling this in would only worsen an already losing situation and we can only guess what the rest of the subdivision would encounter with flooding of basements, yards, etc. It also appears to us that the property in question on Five Mile is higher than ours. By filling in the flood plain to grade would surely flood our yards. Second, traffic now exiting Golfview onto Five Mile is very tricky to say the least. We are close enough to the interesection of Five and Levan, which is already very congested and directly across from another subdivision entrance, that trying to make a left hand turn onto Five Mile in the morning, mid or late afternoon can be very 13038 dangerous. Putting the entranceway for the credit union off Golfview versus Five Mile will only increase this problem, and would in no way benefit the citizens of Livonia. Rennolds Ravine is a small subdivision consisting of 72 homes and does not warrant `, a commercial entrance from its subdivision when other means can be sought. At least 12 children from our subdivision share the corner of Five Mile and Golfview as a bus stop. These children should not be subjected to the increased dangers of traffic, strangers, etc. encircling their bus stop, when on many winter mornings it is still dark out. Third, we feel there is already many vacant land and buildings in Livonia that can better accommodate the plans of this credit union. Fourth, the many trees that grow in this flood plain help decrease the noise pollution that we endure daily from Bingham's Service Station, the ambulances daily to St. Mary's Hospital, the barking dogs day and night from the veterinary clinic and the speakers that can be heard 24 hours from the 24 hour gas station at the corner of Five and Levan. Filling in the flood plain would entail removing these trees leaving a very clinical atmosphere to an already congested, noisy area. Along with the above, we feel approval of this petition will decrease our property values and decrease our enjoyment of living in this subdivision. In looking at the drive-in for the cars at the drive-up window, my children play in the back yard and I am not receptive to having gas fumes coming over the wall or berm from cars sitting there idling, creating more noise pollution. What I `vrr am in favor of is perhaps to have a wall built there over a berm. Also I haven't heard it brought out that we have Blue Herons living in that ravine. There are ducks. I have a concern about that. Dave Nemer, 36083 Howell: This is at the back end of the subdivision. I have two points I would like to make. The number one point is I have standing water in the back of my backyard and I am very concerned with this flood plain situation. You can go through a drought which we have had and I still have a considerable amount of water in my backyard. The walls in my basement are virtually cracked and I am concerned with the water flood plain. Number two point I would like to make is I have to believe that in this beautiful City that we have, this Planning Commission can find a better place to put this credit union. I believe this credit union really drops the level of our homes in that area and I think this Commission and these people can find a better place to put this credit union than where we are right now. John Sparkman, 36052 Parkhurst: I disagree with this plan. The proposed entrance on this site plan, I want you to realize exactly how bad this entrance would be even if they changed it to come off Five Mile Road. Without being able to see the entrance across the street and the entrance to Idyl Wyld Golf Course, if he takes that entrance off Five Mile Road, we are going to have cars backed up in front of our subdivision entrance and people that are travelling eastbound `.. 13039 on Five Mile Road trying to make a left hand turn into Idyl Wyld, it will congest it even more. That would be even worse than going into our subdivision. You probably go out and look at the area. As far as water, I live on Lot 37 and I wanted to show you the outline of the creek. The back of the creek is at the back of my house. That creek takes all the water flow and there is a flat plain back there, which they are proposing to fill in. This plain is roughly nine feet lower than my backyard and I have seen that water level one foot lower than my backyard. That water has been so high back there that you can go down there in a canoe. If they are proposing to fill that flood plain in, they are going to divert all that water into my backyard. David Gniewek, 15066 Golfview: Two initial points I had. One was the driveway off Golfview, which has been addressed, and the second one was the flood plain. During the spring we become part of a ravine. About ten houses away from there is the water going into the drain. Also, when the sump pump has failed we have had two inches of water in our basement. My concern there is with any adjustment to the flood plain that could become worse. Also, a third point is the expansion of the building. I have seen the expansion of the building but I haven't seen any expansion plans for parking. Does that mean the overflow parking is going to be on Golfview or Five Mile or whatever else? Also with the expansion of the building I assume those 4,000 accounts will grow. I would like to know what number they are talking about in five years. Has anyone seen a business plan? Mr. Engebretson: No we have not seen a business plan sir. That is not currently part of our process but you have raised some valid questions. It "qui' is our understanding that the area that they designate as future expansion would still comply with the ordinance with respect to the on-site parking issue. Mr. Gniewek: With the parking, is that to support the existing structure? Mr. Engebretson: It is based on the size of the facility. Larry Coffey, 15099 Woodside: The back of my property right now I have had water problems to where it is virtually impossible to even grow a vegetable garden. I have had trees die and I think this is due to the fact that the property at the back of my lot slopes back up, which in effect traps all that property back there and any water that flows into it. By filling in the ravine I can see where this is going to compound the problem for me and several other people in that immediate area in that corner. Obviously I am against it. Linda Dubay, 15017 Woodside: I have no new concerns but would like to add that our property also is not directly on the ravine but the water does drain into the ravine and we have freestanding water over a foot throughout the entire winter into the spring. There is much wildlife as someone else expressed. We have rabbits, pheasants, etc. that use the water back there and I have a great concern with what is going to happen to both the wildlife and the water problem. Again, we have basement problems and our sump pump is going all the time. 13040 Linda Sparkman, 36052 Parkhurst: I do back up to the property. I am concerned about the filling in of the flood plain. I think everybody in this subdivision has problems with their basements leaking. I would also like to point out that when the subdivision was built this property was originally zoned professional service and then it was "Now knocked down to office and now you are talking about knocking it down a little bit more. Mr. Engebretson: Let me clarify that for you. The zoning district that you refer to as professional office simply had its name changed to office service so it really didn't constitute a change in the use. It is a simple change in the definition of the district. Mrs. Sparkman: Is there a difference between what can go into professional services and office? Mr. Engebretson: No there isn't. You raise a good point. Right now if someone were to come in with one of those type of uses, we wouldn't be having this hearing tonight. We would be going through a site plan approval process but the City would be hard pressed to control some of the issues that we are controlling here tonight in that case because the site plan requirements are clearly spelled out in the ordinance and if the developer of that property meets all those ordinance requirements, they get approval. That is one of our concerns that if these issues here could be worked out where the concerns about the traffic flow, the entrances, the water, the wetlands, etc. , if they could be worked out, this proposal may be a lot less intense than some of the other things that could come in there as a permitted use without any struggle. I am not saying that is an absolute fact. I am saying it is a possibility so the �• point you have raised regarding the zoning district gives rise to that particular point. I live in a subdivision where all the comments you have made, I live two miles north of you, all the comments you have made I lived through myself and I guess I sit here trying to understand would I be concerned about that credit union versus a medical facility that might be open 24 hours a day with ambulances coming and doors slamming at three o'clock in the morning and thinking of those kinds of things but I want you to know that we are all genuinely concerned about all these issues you have raised here tonight but we have to be realistic. Something is going to go in there some day. It is not going to stay vacant land. It will be built on and it will probably not be houses. Now what we can do is find the best possible use that has the least impact on the community that fits within the context of your neighborhood and good for the community. That is why we are trying to work with all of you residents and with the developer to try to find out if this is the right use. Something will go in there in due course. Mrs. Sparkman: We are concerned that something doesn't encompass changing the flood plain and wetlands. Mr. Engebretson: We understand and I hope you have read that we are as concerned about that as you are. There will be nothing that will go in there 13041 until we are totally convinced that those issues have been dealt with and everybody is comfortable that we are not creating a problem. That is the last thing we want to do is to create a problem for you. `r"' Robert Abar, 36042 Howell: Most of the issues have been stated already. My concern is with the drive-thru. As stated before either off of Five Mile or off Golfview we will create a lot of congestion in that area no matter which way with the oncoming traffic trying to get into the sub to the north of ours and also into ours. The flood plain is obviously an issue for me. I have standing water in my backyard. I have one question regarding the drive-thru hours. Are they contained within the hours that were quoted before for the facility? Mr. Engebretson: Yes the drive-thru hours are the same as the business hours. Mr. Abar: The only other concern was I had were the view of the residents on the inside. Rudolph Magdziarz, 15145 Golfview: That is Lot 42. You just made the statement there will be something put up in that area. However, before I bought on Golfview I did make an inquiry with the broker and salesman whether anything was planned for that particular area and I was told because of the size nothing was planned. Right now everything is OS but when I bought the house this was what I was given. (He held up map he was given) Mr. Engebretson: There is land there and people have a right to use their land. ti.► Mr. Magdziarz: I realize what you are saying but I was told nothing would be put up. Mr. Engebretson: You were given bad information sir. Somebody hoodwinked you if they gave you those types of assurances. The City would have probably given you a different point of view on that. The City would never, never, never, under any circumstances, have given you that information. Mr. Magdziarz: I mean it was through the broker. Mr. Engebretson: The broker gave you bad information and it is unfortunate but there is nothing we can do about that. Rick Sims, 36040 Parkhurst: I am Lot 38. I back right up to the ravine. When it rains that ravine almost overflows right now and we are concerned that any construction on the north side of the ravine is going to create additional drainage in the ravine which we feel could conceivably erode our backyard and obviously damage our home. Those types of things have been mentioned. Storm water drainage is very difficult to analyze and predict once changes are made. My in-laws live on Myrna just north of Five Mile, just west of Merriman. A new house was built on Auburndale just around the corner from their backyard on the east. This house obviously was 13042 built on a natural underground drainage that apparently no one knew about and it began to back up water into the neighbor's backyard next to my in-laws and that water stayed there for several years before something was finally done about it. My point is storm water drainage is very difficult to predict and can be very devastating. Mr. Engebretson: We understand. We got that message. Is there any new information that anyone would like to address? Conrad Kudelko, 15078 Woodside: I am concerned about the fact that whatever is there eventually, we have a Rennolds Ravine sign which is somewhat set back from the street on an island. I am concerned that whatever shrubbery or berm that goes up there, it is very difficult to see the sign anyways because of all the politician signs during re-election. Once the signs go down I am concerned with the layout that we have with the trees out front that you won't be able to see the subdivision. I wanted to express the concern of all of the residents of our new community, there may be some way to work out the flood plain but we are concerned because it is big unknown. Until we have some reassurance we have a big concern. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 93-9-2-22 closed. Mrs. Fandrei: I want to make a tabling motion and I would like to, if possible Mr. Nagy have the City Engineer at that meeting and whoever else may be able to address this flood plain area. This seems to be the biggest area of concern to the residents. Mr. McCann: I would like to support that motion but I would like to give them three weeks to get a new proposal so they can have a site plan that '41111. will agree with our Engineering department and then the Engineering Department can explain why they are for it and they can look at safety as far as the traffic is concerned. Mrs. Fandrei: Traffic, and to the developer that they have building materials, detailed landscaping. You have heard the concerns of the residents with the ravine. On a motion duly made by Mrs. Fandrei, seconded by Mr. McCann and unanimously approved, it was #9-175-93 RESOLVED that, pursuant to a Public Hearing having been held on September 28, 1993 on Petition 93-9-2-22 by Building Committee, Inc. requesting waiver use approval to construct a new credit union facility to be located on the south side of Five Mile Road between Levan and Golfview Drive in the Northeast 1/4 of Section 20, the City Planning Commission does hereby determine to table Petition 93-9-2-22 until the study meeting of October 19, 1993. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance 6543, as amended. Mr. Morrow: I kind of suspected there was going to be a tabling motion and I sat here for the last hour and a half trying to sort this information and I guess I am precluded from speaking and having my concerns become a part of the record because the tabling resolution was allowed before comments from the Commission. 13043 Mr. Engebretson: The record is still open and the secretary is recording verbatim minutes of what is going on here. This is not the first time we have done this but procedurally discussion follows a motion. You have a point Mr. Morrow. Mr. Morrow: Mr. LaPine has the floor first. Mr. Engebretson: Then we will go to Mr. LaPine. Mr. LaPine: Mr. Chairman, I am not going to say anything because it was my understanding that once a tabling motion was made, there is no discussion on the motion. I don't see any reason to start discussing this issue now that we have tabled it. I will hold my comments until the next time we hear the issue. I disagree with you. I think we should have gone ahead and let me ask the questions I had. I don't think we should have any more discussion because under Robert's Rules of Order the issue is closed. Mr. Morrow: I am not here to make waves but there were a few comments I wanted to make but I will reserve those for the study meeting. If you will allow me to make them. I am not in favor of the rezoning petition and it is certainly nothing against the Catholic parishes and I want the record to show that. I am in favor of all the points that were raised here tonight. The site plan should be massaged because of the concern we have but one reason this is a waiver is because it is a click up of the zoning as we know it and I am familiar with Rennolds Ravine from the standpoint that was one of the subdivisions that may be unique because there was a lottery for the people to buy into that sub. With that property there on Five Mile it was going to be difficult to develop it at best but with a waiver use I can't see increasing the intensity of that property. I have nothing against the gentlemen here tonight because I am sure they do a good project but the residents should know the reason this is a waiver is because it intensifies the use of office zoning. That is the reason I cannot support the petition but I am in favor of modifying it because ultimately the City Council will determine whether that project goes in. If it goes forward, I hope it will go forward addressing all the concerns that you have raised here tonight. Mr. Engebretson: I would like to add a comment or two that I think the residents have raised some very valid points that there may be no solution to and if there is no solution that we can't be assured it will not have a negative impact, I too will oppose this proposal. However, I would like to give the petitioner a reasonable opportunity to study each of these issues that they have heard and to have the opportunity to present a solution to each of them. If they can address each and every one of them, then I think the proposal deserves further consideration but it is going to take a considerable effort and that is why I think we need at least three weeks to address all these various points. In the process of doing that it may become clear that the DNR makes a determination that on its own merit will end this process. It may be that the DNR approves. I don't think they would do that casually. I think they 13044 would do that in a highly technical manner that would address the concerns that have been expressed although they are not aware of all these individual concerns that have been raised, but I think that in dealing with all those issues, the developer, the person who requested this waiver use, may determine that it is not a practical thing to move forward with if the costs to deal with these various issues is such that it makes it an impractical use for this land. That is where I am coming from. I apologize for any confusion regarding the procedures here tonight. It is my understanding, and I don't have my own set of the rules with me, but I believe we handled this properly. If we haven't, I will certainly issue a public apology next time. Mr. Minahan: Let me first assure all of the residents here we want to be good neighbors. We are not intending to barge into your neighborhood and cause problems. The DNR has given verbal approval. What they are doing is simply moving an arbitrary line closer to that creek. We are not filling anything. We have no intention of filling anything and in creating any more problems than you already have. We are not able to solve any of the problems you have but we would not contribute to them at all. Engineering studies, DNR review, would preclude us from doing any of that. In order to make sure everyone understands this, this argument came through passionately tonight but I think through misguided information. We are not filling anything. We are directing water away from it and certainly not contributing, we may even be able to solve some of the problems of this site draining into that particular area. The DNR has verbally approved this. I don't have it in writing yet so I will get that for you. We have an offer to purchase which expires, which will probably preclude us from being able to `, continue along with this process. I will do the best I can to do that. I want to say one other thing to the residents, this is a very low impact type of a business. This land will be developed. We do this in eight states around the midwest. We have one in Kalamazoo. We have one in Toronto where we have put these in residential neighborhoods and we never have any complaints. You could have something that is much more high volume, much more high traffic and much more dense. We don't want to do that. We do not want to be in the neighborhood if we are not welcome. Mr. Engebretson: We would hope that the property owner would be cooperative considering how long they have been trying to sell their land. I think they would be very unlikely to not be cooperative. Regarding your last comment sir, we agree there are many uses that are permitted uses on that property that could come in there that would be far more disruptive but let's work it out. Let's take our time and do this in the right way. We will continue three weeks from tonight. That will be on the fifth floor and whoever is interested in participating in that hearing, is welcome to attend. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. 13045 Mr. McCann, Secretary, announced the next item on the agenda is letter dated August 31, 1993 from Modern Moving Company requesting permission to amend Petition 93-2-2-7 by Al Rice requesting waiver use approval for outdoor parking of moving and storage trucks on property located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the `"' Northeast 1/4 of Section 3, to also allow marked vehicles with the Ryder Truck Rental logo. Mr. Engebretson: Is the petitioner present? The petitioner was not present. Mr. Engebretson: We need a motion to table indefinitely. On a motion duly made by Mrs. Fandrei, seconded by Mr. Tent and unanimously approved, it was #9-176-93 RESOLVED that, the City Planning Commission does hereby determine to table indefinitely the request by letter dated from August 31, 1993 from Modern Moving Company requesting permission to amend Petition 93-2-2-7 by Al Rice requesting waiver use approval for outdoor parking of moving and storage trucks on property located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, to also allow marked vehicles with the Ryder Truck Rental logo. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Sign Permit °low Application for a subdivision entrance marker and the submittal of a landscape plan for the required greenbelt easement by Livonia Builders, Inc. on behalf of Willow Creek Subdivision located in Section 14. Mr. Miller: This is the proposed entrance marker. As a condition of the preliminary plat they had to submit an entrance marker and landscape plan. This is the submitted entrance marker. They are allowed 20 square feet and the proposed is 18 square feet so it is conforming to the ordinance. The landscape plan shows that the signage will be located in the entrance of the new subdivision. Mrs. Fandrei: What does the landscape show? Mr. Miller described the various trees in the landscape plan. Mr. LaPine: Is that sign lit? Mr. Nagy: No it is not. Mr. LaPine: What if someone is looking for the subdivision at night? Mr. Nagy: There will be a street light at the entrance to that subdivision. On a motion duly made by Mr. Tent, seconded by Alanskas and unanimously approved, it was 13046 #9-177-93 RESOLVED that, the City Planning Commission does hereby approve the subdivision entrance marker and landscape plan for the required greenbelt easement by Livonia Builders, Inc. on behalf of Willow Creek Subdivision located in Section 14 subject to the following condition: — 1) That the Landscape and Entrance Marker Plan dated 9/13/93, as revised, by Livonia Builders, Inc. , is hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Final Plat approval for Willow Creek Subdivision proposed to be located on the south side of Six Mile Road between Merriman Road and Munger Avenue in the Northwest 1/4 of Section 14. Mr. Engebretson: Has everything been put in order here. Mr. Nagy: The final plat has been prepared in full compliance with the preliminary plat. It has been reviewed by Engineering and they sent a letter indicating their interests are satisfied and they recommend approval. All the financial obligations have been satisfied and there is a letter to that effect from the City Clerk. The only new information we would have is we do have a letter from an area resident who indicates interest in having the street name changed from Ryan Road to Fulton Drive. Mr. Engebretson: I have that letter Mr. Nagy and I would like to read that letter so everyone understands what we are dealing with here. This is a letter from Floyd Fulton and it is addressed to the Planning Commission. "This is a request that the City Planning Commission grant final plat approval to the Willow Creek Subdivision subject to the one street being named Fulton Drive at its September 28, 1993 meeting. "Morton Floyd and Grace Angelica Fulton purchased and resided on a portion of the future Willow Creek Subdivision from the early 1930's to their death in 1986 and 1987 respectively. These pioneers raised their family of five children, one son of which died, here. They drove to Northville with their water containers to the spring for their only water supply prior to Livonia water availability. They planted a fruit orchard, vegetable and berry gardens. Their two cows and chickens supplied them with their milk and daily food. There were bee hives and Mr. Fulton had a thriving Apiary. For many years, Mr. Fulton would be called by City Hall, Police and Fire Departments to go to private residences to capture swarms of honey bees and hornets. People from miles away came to their homestead for fresh produce and honey as late as 1985. Mr. Fulton served in World War I and two of the sons served in World War II and the Korean conflict. For fifty plus years these pioneer people lived and worked on Six Mile Road at their homestead. They are buried in Livonia. 13047 "The Fulton homestead was purchased by the second son, Ralph Fulton, at his mother's death. The other family members have disassociated themselves and receive no proceeds now or in the future from this property sale between Ralph Fulton and the Livonia Slur Builders. The one thing we would hope for is that the City Planning Commission would take this opportunity now to preserve this historical significance in naming the new street in the proposed Willow Creek Subdivision adjacent and on the Fulton property, Fulton Drive. "The Livonia Builders have developed and built several homes and subdivisions in Livonia. They have a reputation with the Livonia staff and administration of doing good, quality work. They have spent time and money to develop Willow Creek Subdivision. The City of Livonia is loyal and encourages such builders. Mrs. Veri has said she would have considered naming the street Fulton Drive if the property owner, Ralph Fulton, had mentioned it at the time of purchase. The Livonia Builders will continue to develop and build subdivisions and there will be other opportunities to name a street or subdivision for their five year old grandson, Ryan. This street is located on a significant portion of the Fulton homestead. There will not be another opportunity for Morton Floyd and Grace Angelica Fulton. "The following have all approved the street name Ryan Road but have stated there is no objections to the name Fulton Drive: 1) John Nagy, City Planning Commission 2) Gary Clark, Engineering Department `, 3) Arnold Klinger, Fire Marshal 4) Sgt. K. Dawley, Police Officer, Traffic Bureau "Until such time as the Livonia City Council instructs the City Clerk to affix her signature to the plat, changes can be made. A precedent has been established with the City Planning Commission and the City Council when by resolution these Bodies changed the street name at Six Mile and Inkster Roads to Dolores. "The City of Livonia is making great strides in saving its historical heritage and it is at this time that it is respectfully requested that the City Planning Commission share in these endeavors and take this rare opportunity to preserve this small part of the City of Livonia history and name the street in the Willow Creek Subdivision, Fulton Drive." John, when I received this letter I understood the nature of the request and I thought back in my six years here as to whether or not the City Planning Commission has involved itself in the naming of a street and I honestly couldn't remember that we had and therefore I called you today to ask your advise and counsel on what the City Planning Commission's role is, what the Council's role is, what the developer's role is, etc. in dealing with these kinds of issues and so I don't misquote you I would appreciate it if you would share with the audience and the Planning Commission the information that you gave to me earlier today on those issues. 13048 Mr. Nagy: It has been the role of the Planning Commission to review subdivision plats and street names and accepting the proposed street names that are submitted by the applicant subject to the review by the appropriate City agencies that have jurisdiction over those areas. Streets proposed by proprietors are subject to City approval. Review and approval has been done by the Engineering Department, with the Fire Department and also with the cooperation of the postal service. The Engineering Department is responsible for street names and street addresses. The Fire Department looks at them in the interest of their public safety to see that the street names that are selected are not confusing, that they are not duplicates, that they are distinct so as not to be confused with other street names that they have to respond to in an emergency situation. With regard to addresses, they try to make sure the postal office concerns are properly addressed. The City Council is the ultimate authority approval on plats and as this letter points out once the plat is approved and the City Clerk affixes her signature to it, that is it. It has largely been the appropriate agencies agree, outside the Planning Commission, in identifying and establishing street names. We do look from a planning standpoint to see if any subdivisions line up with other existing streets, that those names are picked up. If there is a continuation of other streets, then we look to see those street names are picked up and that there is continuity. We do give the proprietor a great deal of flexibility. It is their subdivision and they are improving it and where it is appropriate we give them the flexibility in selecting names. After all it is their subdivision and they are going to market it. That has generally been our practice. I have looked back on my 26 years and I don't ever recall Planning Commissions ever getting involved in requiring selection of certain names for streets. Mr. Tent: I too received a letter as the other Commissioners did. I am an historical buff here in the City. I like to preserve the old. The pioneers of the City have had streets named after them. McNamara had a street named after him. Ventura Blvd. had a street named after him. There is a Bennett but I don't know if it is our Mayor or not but there are other significant names. I have been on this Commission on and off a number of years and I go back to the 60's when we were developing subdivisions here in the City and they were, as Mr. Nagy indicated, named by the Engineering Department, etc. When they came back to us they had names like Handy Dandy Drive because they couldn't think of other names to have so while they selected the names, we made a recommendation. While we didn't have the power, we made a suggestion that if it didn't conflict we would like that name. Then we got into the tree names. The developers cut down the trees and then they named the streets after the trees. We entered the picture at that time. While we didn't make recommendations, we made suggestions. I see no problem here. We can't make it a part of the resolution but I could say we could make a suggestion to the Council in this particular case because this is a different situation. It is kind of unusual. We have someone who owned that land all those years. I would see no problem in us not making this part of the recommendation but making a suggestion to the Council why don't you consider naming it as 13049 suggested so we are not doing anything to distract from our recommendation of approval of this plat because it is great. It is a 1/2 acre development. I am so proud of it and I think Livonia will be proud of it. This is the only thought I had, not to recommend but to suggest we use the name Fulton Drive and let the Council make the final decision. Lydia Veri: Next week when we go to Council we will have another letter from Mrs. Smalley. She resided on that property longer than Mr. Fulton so what are we going to do. Mr. Engebretson: Who is Mrs. Smalley? Mrs. Veri: She lives in a house where the street is. Where we are putting the house now does not belong to Mr. Fulton. Mr. Fulton still has a house there. Mrs. Smalley sold the house and everything. When she finds out about this she will send a letter next week. We are starting something. I bought the property and I think I should have something to say about the matter. We are this far and now they are going to change the name. If they want to change the name let them petition to the City and if the City wants to change it, I don't care. Mr. Tent: This has nothing to do with your plat. The meeting here now is to approve your final plat which I am all in accord with. All I am doing at this point is suggesting when it goes before the Council we could say as far as the name concerned that we are satisfied, at least I as one Commissioner would be, if they wanted to change it to Fulton Drive with no effect on you. If a letter came from Mrs. Smalley and we go on this letter exchange bit I certainly don't want to be involved with something at that time to hinder this development. Mrs. Veri: The preliminary plat was approved by everybody with Ryan Road so at this point I do not want to change the name. I named that road after my grandson. My grandson is important to me. Mr. Tent: I am not trying to be disrespectful to you. Mrs. Veri: That is what I am saying. Next week I will have another problem. There is only one street. I bought it from the other Mr. Fulton. He still has a house there. Mr. Engebretson: It is important that you understand that nothing is being held up here. This will be moving on. Floyd C. Fulton: I am the oldest son of Morton Floyd Fulton and Grace Fulton. I have lived in Livonia since 1935 and presently live at 35947 Orangelawn, Livonia. I have prepared my thoughts on paper because I am not experienced in this but having heard you read that letter I realize it is late and I would be repeating many of the things that were in that letter. I would like to submit several letters for the record and your consideration. We have a letter from Helen Smalley, who has been our good neighbor for many, many years. She ``r. 13050 is now in Westland in a very nice condominium. I would like to have that letter read into the record and I would like to make comments concerning it. Mr. McCann: I would like a little clarification. I don't mind reading the letter into the record but it is my understanding we cannot make a recommendation as to the name of the street. That is going to be the purview of the Council. Is that correct Mr. Nagy? Mr. Nagy: That is correct. Mr. McCann: Our recommendation will not have any affect one way or another. I just want you to understand that. Mr. Fulton: I was told we would be allowed to express our feelings. My own experience, we have lived here a good many years and I can assure you that at one time the Planning Commission absolutely changed the name of a street in Livonia in honor and recognition of the service of an employee of the Planning Commission. Mr. Engebretson: I will be happy to read the letter from Mrs. Smalley into the record: "To Whom It May Concern - I have sold my property on Six Mile Road to Livonia Builders and have no say in the matter of naming a road in Willow Creek Subdivision. However, if Mrs. Veri should change her mind and call the road Fulton Drive in honor of Mr. and Mrs. Fulton I believe it would be very gracious of her. Sincerely, Helen Smalley" I will pass this down to the staff and it will move on with the whole package to the City Council. Si. Mr. Fulton: Mr. Dyla is a long time resident and he has also sent a letter to you. Before we leave the letter from Mrs. Smalley I would like to correct one statement. Mrs. Smalley is the third owner of the property where she lives. I have forgotten the first resident. As a matter of fact, my father bought the first lot for his five-acre parcel from Middlebelt to Merriman. As a matter of fact we had first choice starting from the riding stables west. I myself plowed behind an old tractor the three acres the Smalley house is on. I did a little bit of measuring, one-third of that road goes along the west boundary of our property and then cuts over and over two-thirds of it is right now along the inside of our property. As a matter of fact it is directly behind the house. You have to understand Mrs. Veri does not know me. She dealt with my brother. I know she has hard feelings but I am not my brother, my father is not my brother. My sister and other brother had no part in the dealings with her. I would hope, as Mrs. Smalley said, that she would be gracious enough to recognize our contribution and I just hope she finds it in her heart to change her mind and recommend that a change is made. It would make it much easier. I appreciate the opportunity to be here. Mr. Engebretson: I will be happy to read this letter but I think you really put your finger on it. It is really their decision but being a good neighbor we will complete the record. This is also a very brief letter, which I will pass down for inclusion into the record and Vin. 13051 to move on to the Council. "I Leonard J. Dyla have been a next door neighbor of the Fulton Family for forty years and have enjoyed a wonderful relationship with them. They have been pioneers in this area and accomplished very much in this community. Please name the street in their honor Fulton Drive. Thanks Leonard J. Dyla" This was dated September 27th. Do you have other correspondence? Mrs. Fulton: I have correspondence from his sister, Rosalie Fulton Lee from Houston and the correspondence that you have in your file from the younger brother, Donald. Mr. Engebretson: Both of which I presume are very supportive of the proposal. Would you feel injured in any way if we skipped the reading but if we did include them in the record? Letter dated September 28, 1993 from Rosalie Fulton Lee and letter dated September 28, 1993 from Donald R. Fulton were received and filed. Mr. Fulton: To complete my contribution. I would like to read, I spent some time preparing it, but I would like to read the last paragraph or two. While we the Fulton family respect and understand Lydia Veri's desire to name a street after her five year old grandson, we hope you will also recognize the importance of preserving bits of Livonia history and be gracious enough and generous enough to change your mind and support this request. There is no doubt that her grandson can be honored in future developments. Again, I appreciate the feelings Mrs. Veri has in this matter and would hope she would agree to allowing the change to be included in your approving resolution or as an amendment attached to the resolution recommending the Council affect the name change on the final approval. It boils down to one thing, there is only one Fulton family. I hate to use the word family, my mother and father lived here until they were in their 90's. I do feel Mrs. Veri will have another opportunity to honor her own grandson. I can understand her wanting to do that. On a motion duly made by Mr. Alanskas, seconded by Mr. Tent and unanimously approved, it was #9-178-93 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Willow Creek Subdivision proposed to be located on the south side of Six Mile Road between Merriman Road and Oporto Avenue in the Northwest 1/4 of Section 14, for the following reasons: 1) That the Final Plat is in conformance with the Preliminary Plat. 2) That the City Engineer recommends approval of the Final Plat. 3) That all of the financial obligations imposed upon the proprietor by the City have been satisfied. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. �"" Mrs. Fulton: Could what Mr. Tent suggested be point number 4? 13052 Mr. Engebretson: Mr. Nagy advised us that would be inappropriate for us to do that based on the fact that is outside our responsibility. That could be determined as meddling in their affairs. The Council makes this decision. Nfty Mr. Nagy: The City Council has the prerogative to change the street name. I think that was the real reason why the Chairman indicated you should inquire when the Council will meet on it. At that meeting you will be given the some opportunities that you have had here to address the Council and if they are persuaded by your arguments they can require the street name be so indicated on the plat before its recording. The authority is with the City Council and not with the Planning Commission. Mr. Fulton: We realize that. We also understood that your recommendations mean a lot and you do recommend with resolutions all the time. Anyways, we will accept that and appreciate again your time. Mr. Engebretson: We would just like to clarify that we have been directed by the Planning Director, a long time professional in this business, that we would be out of order in conducting our business here if we were to do that. We respect his opinion and we trust that the City Council will treat you in a proper manner. We know that well. They will be receiving this entire package before they deal with it. Mr. Tent: I just want to say they will be getting the minutes from the meeting. y` Mr. Fulton: I didn't realize they got the whole ball of wax. Mr. Engebretson: Verbatim minutes plus all the documents and several of them I am sure are watching us right now. On a motion duly made by Mr. Tent, seconded by Mr. Morrow and unanimously approved, it was ##9-179-93 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 Final Plat approval for Willow Creek Subdivision proposed to be located on the south side of Six Mile Road between Merriman Road and Munger Avenue in the Northwest 1/4 of Section 14. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is motion by the City Planning Commission, pursuant to Council Resolution #688-93, to hold a public hearing on the question of whether certain property located on the north side of Seven Mile Road between Lathers and Angling, Tax Parcel CC1, should be rezoned from OS and P to R-C. 13053 Mr. Engebretson: This is a motion to hold a public hearing pursuant to direction by the City Council. On a motion duly made by Mr. Tent, seconded by Mr. Morrow and unanimously approved, it was #t9-180-93 RESOLVED that, the City Planning Commission pursuant to Council Resolution #688-93, and pursuant to Section 23.01(a) of Ordinance ##543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the north side of Seven Mile Road between Lathers and Angling, Tax Parcel CC1, from OS and P to R-C; and FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is motion by the City Planning Commission, pursuant to Council Resolution #727-93, to hold a public hearing on the question of whether Article XXI of the Zoning Ordinance should be amended so as to reduce the membership of the Zoning Board of Appeals from seven members to six members plus an additional alternate member, with all seven members serving on a rotating basis. Mr. Engebretson: Again, this is a proposal to hold a public hear at the direction of the City Council. On a motion duly made by Mr. Morrow, seconded by Mr. Alanskas and unanimously approved, it was #9-181-93 RESOLVED that, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend Article XXI of the Zoning Ordinance so as to reduce the membership of the Zoning Board of Appeals from seven members to six members plus an additional alternate member, with all seven members serving on a rotating basis. FURTHER RESOLVED that, notice of the above hearing shall be given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Six Year Capital Improvement Program 1994-1999. Mr. Engebretson: This is the Six Year Capital Improvement Program which has been put together by the staff. This is a matter of complying with the law and sending it on to the City Council. Su. 13054 On a motion duly made by Mr. Tent, seconded by Mr. Alanskas and unanimously approved, it was #9-182-93 RESOLVED that, the City of Livonia Planning Commission hereby authorizes the Planning Department to transmit the document titled "Capital `r. Improvement Program, City of Livonia, 1994-1999" to the Mayor and Council as a realistic program to aid in the determination of a complete fiscal planning strategy for City of Livonia, and FURTHER RESOLVED that, the City Planning Commission stands ready to do all things necessary to cooperate with the Mayor and Council in maintaining a functioning Program of Capital Improvements and Capital Budgeting for the City of Livonia. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is the approval of the minutes of the 670th Regular Meeting held on September 14, 1993. On a motion duly made by Mr. LaPine and seconded by Mr. Morrow, it was //9-183-93 RESOLVED that, the minutes of the 670th Regular Meeting of the City Planning Commission held on September 14, 1993 are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, LaPine, Morrow, Alanskas, McCann, Engebretson NAYS: None ABSTAIN: Fandrei `. ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-9-8-17 by Chester Bartosik requesting approval of all plans required by Section 18.58 of Zoning Ordinance //543 in connection with a proposal to develop a condominium project for property located on the north side of Seven Mile Road between Angling and Lathers Avenue in Section 1, Mr. Miller: The petitioned area is three acres in size. They are proposing a 26 unit condominium project. They have three buildings. Two units will house 8 units and the middle building will house 10 units. Each unit will be 955 square feet and it will be a two-bedroom size unit. The density of the project allows 26 units, which is in conformance with the ordinance. Parking is 65 spaces required, which they show on the site plan and they are also required to have recreational areas, which they show. Landscaping, because it is residential there is not really an ordinance enforcing that but they do show a lot of landscaping on this project. Mr. Engebretson: Is the petitioner here? 13055 Chester Bartosik, 36028 Avondale, Westland: (He presented his plans) Basically to reiterate what the gentleman said, there are three basic structures. The front and rear are identical. It is basically about 40% brick, 40% siding and the remainder is 20% glass and glazing. We are the architect, engineer and developers, and we feel we have a sense for this. What we tried to do in the front, we tried to keep all the trees to pines. We adhere to all the zoning ordinances. Like the gentleman said, they are 955 square feet, two bedrooms, two baths. They have balconies off the dining room and as an option, we are offering balconies off the master bedroom also. Mr. Alanskas: I have one question in regard to the percentage of brick and siding. Being that you are going to be on a main thoroughfare, I have a problem with only 40% brick. Mr. Bartosik: As far as the visibility off the main road, the setback with all the existing trees, really this building is hard to see. We can on this first building on the side elevation put brick up to here. Mr. Alanskas: Can you put more brick on all three? When I look at the buildings I see more siding than I do brick. I would like to see more brick. Mr. Bartosik: With all due respect that really is a matter of taste or preference. Here are actual photographs of existing structures similar to this. Mr. Alanskas: I, as one Commissioner, would like to see more brick. 'goo. Mr. Tent: Mr. Bartosik, is the reason you are not considering more brick on the buildings because of the cost? Mr. Bartosik: We are trying to make this affordable housing and we don't believe that putting more brick would enhance it. We believe we have a nice mixture combination. Mr. Tent: I appreciate what you are saying but I, as one Commissioner, can't agree with you. I feel here in Livonia we take pride in having some custom built homes and this subject has come up many times before and the developer will say this will look better but when he gets done, he will put additional brick on to make it more compatible. My question to you is if you were requested to put some additional brick on to make it more uniform, would you be negative to that? Mr. Bartosik: If we were told to put it on, we would abide by that. Mr. Tent: I, as one Commissioner, want more brick and I am sure the Council will request the same thing. You said earlier the part that will be facing the trees they will not see it but in the winter time there are no leaves on the trees. I think you have an attractive start here. It is affordable to the area and it is going to sell. All we are doing is we want to upgrade it to what we expect in Livonia. 13056 Mrs. Fandrei: Did I understand you have no central air in these units? Mr. Bartosik: Each unit itself contains through-the-wall air conditioning units. Nom. Mrs. Fandrei: What would the cost difference be to put in central air versus wall units? Mr. Bartosik: I can't tell you off hand. Mrs. Fandrei: I am a realtor. As I have driven around the City and have shown condos and been aware of the appurtenances that have window air conditioning units, they are unattractive and I would definitely prefer seeing them not having the wall air-conditioning units. I would rather see the central air then we don't have that protruding unit. Mr. Bartosik: I could look at it. Mrs. Fandrei: What is the price range? Mr. Bartosik: We are starting at $74,000. Mrs. Fandrei: They are reasonable. Mr. Bartosik: This is again getting back to the basics. With what we put into it so far we don't feel it is at all a cheap looking product. In fact it is a very handsome product. Again, putting brick on would add a little to the cost. __ Mrs. Fandrei: Brick on the front elevation higher on each end would be much more attractive. I agree with my fellow Commissioner and as a professional. Mr. Bartosik: I agree it would but again as an alternative if they had balconies, that is more attractive than saying a wall with all brick. Mrs. Fandrei: I am not saying all the way up. Say underneath the top of the windows. Mr. Bartosik: I personally think that would be ugly. Again, if I personally and my partner thought it would enhance it, we wouldn't hesitate to put it in. I think we have a good product here and I am somewhat reluctant to change it. Bill LaPine: Are these single entrances? Mr. Bartosik: There is a main entrance and then you would have your individual entrance. Mr. LaPine: Your parking consists of screened units. Is any of that parking covered parking? Mr. Bartosik: No sir. Mr. LaPine: How many parking spaces does each unit get? 13057 Mr. Bartosik: Two and a half. Mr. LaPine: So there is additional parking spots there for visitors. At the rear where the flood plain is, what is that? Mr. Bartosik: That is a retention pond. Mr. LaPine: How deep will that be? Mr. Bartosik: About four feet. Mr. LaPine: That is where your storm water is going to drain? Mr. Bartosik: Yes sir. Mr. LaPine: There is a parcel of vacant land right next to you. Do you own that land? Mr. Bartosik: No sir we do not. Mr. LaPine: Are you going to purchase that land? Mr. Bartosik: At this point in time we are going to develop this and we would not be hesitant if the price were right. Mr. LaPine: If you were successful in purchasing that land, you would continue this project on? Mr. Bartosik: Yes sir we would for an additional 18 units. __ Mr. McCann: Are you going to have the laundry rooms in each unit? Mr. Bartosik: Yes sir. Mr. McCann: Storage in each unit? Mr. Bartosik: In each unit the first floor units in the laundry room, which is an area designated as utility room, we would eliminate the utility room and provide stairs going down into a private basement for each of the individual units. The remainder of the basement would become storage areas broken into four separate units. Mr. McCann: You say there is air conditioning. I don't see them on your drawing. Where are they marked on your drawing: Mr. Bartosik pointed this out on his plans. Mr. McCann: You said those are heating and air conditioning units. However, it is not mandatory that the air conditioning be put it. They could just become heating units? Mr. Bartosik: Each unit will have heating and air conditioning. Mr. McCann: Are you going to sprinkle? Mr. Bartosik: No. it 13058 Mrs. Fandrei: No sprinkling? Mr. Bartosik: No. `a. Mrs. Fandrei: We require sprinkling on all of our developments. I think that would have to be a requirement. Mr. Bartosik: Once we did submit for a building permit that will be brought up. Mrs. Fandrei: We are talking about lawn sprinkling. Mr. Bartosik: Yes it will be sprinkled. Mrs. Fandrei: How about a compromise? How about brick up to between the two windows, lower level and upper level? Mr. Bartosik: Let me draw it on and look at it. Mr. Alanskas: The existing site, what percentage of the people that purchase there are retirees? Mr. Bartosik: It depends on the area. In Westland there was a 50-50 mix. There is another complex identical to this down in the Trenton area and that one is more or less 80% seniors. Mr. Alanskas: The siding is bad news because it fades and it dents. Mr. Bartosik: It will be brick halfway between the windows. (He modified the plan to show this) On a motion duly made by Mr. McCann, seconded by Mr. Morrow and unanimously approved, it was ##9-184-93 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 93-9-8-17 by Chester Bartosik requesting approval of all plans required by Section 18.58 of Zoning Ordinance #1543 in connection with a proposal to develop a condominium project for property located on the north side of Seven Mile Road between Angling and Lathers Avenue in Section 1 be approved subject to the following conditions: 1) That the Site Plan dated 9/20/93 by Stenrose Associates, is hereby approved and shall be adhered to; 2) That the Elevation Plan, defined as Sheet No. 3 dated 9/15/93 by Architectural Services, is hereby approved and shall be adhered to with the condition that it be brick half way up between the lower floor window and upper floor window around all sides of all buildings; 3) That the site plan shall be amended to show all lawn and landscaped areas shall be irrigated by an underground sprinkler system. for the following reasons: 1) That the subject site has the capacity to accommodate the proposed use; 13059 2) That the proposed use is compatible to and in harmony with the surrounding uses in the area. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-9-8-18 by Best Buy Company, Inc. requesting approval of all plans required by Section 18.47 of Zoning Ordinance #543 in connection with a proposal to alter exterior elevations of the building located on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue in Section 11. Mr. Miller: This is the former location of the Marshall's discount store. The proposed footprint of the unit for Best Buy will be the shaded in area. It is approximately the same size as was proposed by Phar-Mor Drug Stores. They are proposing to alter the elevations of the building, particularly the front entrance. They are also proposing a sign which is 240 square feet. They are allowed 242 square feet so this is conforming to the zoning ordinance. I am sure the petitioner can explain the alterations. Chris Johnson: I am with Best Buy out of Minneapolis. Our intent is to put a 36,000 square foot retail space in there with some auxiliary space for servicing of equipment and district offices. The existing building, we want to do substantially more than Phar-Mor did on the original building. We will be refacing a large portion on the outside and make it an attractive building that more closely resembles our prototype building. The signage is 240 square feet, similar to what we are using in our other stores in Michigan. Mr. Tent: This signage on the front of the building, is that identical to what you have in Westland? Mr. Johnson: Yes it would be the exact same thing except in this building the sign is not larger but the columns themselves would be a little larger. Mr. Tent: The size as compared to the operation in Westland, would this be larger? Mr. Johnson: The building in terms of the retail area? Mr. Tent: Yes. Mr. Johnson: Slightly larger but not enough to make a difference. Mr. Tent: Will this be your regional headquarters? Mr. Johnson: It will be the regional headquarters for Michigan, which would entail 12 to 14 people. We would also have the service center for the Michigan area stores which would be another 15 to 20 people. Mr. Engebretson: How many truck trailers a day would be coming into that side entrance? 13060 Mr. Johnson: We have two sets of distribution center stores. One we consider our brown goods which are the electrical, etc. and those come out of Minneapolis and our store would get a maximum of three trucks a week. In most cases the store gets three trucks a week from '0111ft. Minneapolis. During the slow parts of the year we share a truck with another store. The white goods would be coming out of a warehouse in another part of Livonia. This would be four trucks a week because we would be bringing service in. At the most seven trucks a week and basically four trucks. Mr. Engebretson: During normal business hours? Mr. Johnson: Yes. Mr. Engebretson: The reason I was trying to get some idea of the truck traffic that would be coming around that corner is because the more I think about this proposal for two overhead doors on the extreme right side of of the front of the building for installation of stereo units, would there be any problems putting that entrance just around the corner? Mr. Johnson: We would prefer to have them around the front because they call attention to what we do there. They are garage doors. Basically they are all white with a small window. They are going to be tucked back in underneath the canopy so they are not going to be all that noticeable. Part of the problem if we do move them around the corner, we would have a grade change of about 18 inches. In terms of getting the trucks down to the dock and then coming up that extra 18 inches to the door, we are going to get into some problems. Mr. Engebretson: I question that since cars are being parked there. Mr. Johnson: It is 18 inches to get up into the grade. Mrs. Fandrei: It didn't look 18 inches to me as I drove by it sir. I have to agree with the Chairman. Mr. Johnson: It is a grading problem. It is over a foot. It may be closer to a foot than 18 inches. Mrs. Fandrei: Would it be a problem to put it towards the rear of the building? Mr. Johnson: In terms of operation, the typical installation takes about an hour. From my own standpoint, if you put them on the rear of the building, we would have two problems. One is the people waiting for their cars. Mrs. Fandrei: I want to let you know that I am delighted to have you come into the community and into this area particularly. I think you know we all are but I couldn't support this petition with those doors on the front. Mr. Johnson: Those were existing garage doors. They were boarded over. 13061 Mrs. Fandrei: I don't recall those at all. Mr. Nagy: They are there from when it was Wickes Lumber. Mr. LaPine: Isn't there a recessed dock in the rear of the building? Mr. Johnson: There is not one now. Phar-Mor had permission to put one in and we are planning to put one there. Mr. LaPine: Is that where the semi's will all go? Mr. Johnson: Yes. Mr. LaPine: The doors in the front, that is where you will do the installing of the stereo equipment? Mr. Johnson: Yes stereo equipment in cars. Mr. LaPine: Next to that there is another door. What is that door? Mr. Johnson: There are two bays. Mr. LaPine: Those two bays are used for the installing of stereo equipment but the one for the rear where the semi's will be unloading basically will not be seen from Seven Mile? Mr. Johnson: Yes and we are keeping a canopy over those doors. Mr. LaPine: That makes a difference as far as I am concerned. fir. Mr. Engebretson:I want to echo Mrs. Fandrei's concern. We really are glad you are here. We just approved another new retailing company coming into our community called the Source Club. They have a similar operation, not to install stereos necessarily but to install tires, etc. and they moved their entrance around to the side and as I go through my memory of the various retail operators that have those kinds of products available, it seems to me that most of them have those installation facilities near the rear or just around the corner of the building not in the front elevation of the building. I won't withhold support based on that being there and being objectionable, although that is a subjective issue, I would have much preferred to have seen it around the corner. If you can't put it there, I undersand. If you could put it there, I would encourage you to do that. Mr. Johnson: Our front elevation does not face Seven Mile Road. The other thing is I would think the apartments behind there would much prefer to not look at that. We do abut residential back there. On a motion duly made by Mr. LaPine and seconded by Mr. Tent, it was #9-185-93 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 93-9-8-18 by Best Buy Company, Inc. requesting approval of all plans required by Section 18.47 of Zoning 13062 Ordinance #543 in connection with a proposal to alter exterior elevations of the building located on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue in Section 11, be approved subject to the following conditions: 1) That the Site Plan, defined as Sheet No. 1 dated 9/14/93 by James P. Ryan Associates, is hereby approved and shall be adhered to; 2) That the Elevation Plan, defined as Sheet No. 3 dated 9/14/93 by James P. Ryan Associates, is hereby approved and shall be adhered to; 3) That the wall sign shown on the west elevation of the Elevation Plan is hereby approved and shall be limited to 240 sq. ft. in sign area. for the following reasons: 1) That the subject site has the capacity to accommodate the proposed use; 2) That the proposed use is compatible to and in harmony with the surrounding uses in the area. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, LaPine, Morrow, Alanskas, McCann, Engebretson NAYS: Fandrei ABSENT: None ''wr. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Sign Permit Application by Beacon Sign Company, on behalf of Arbor Drugs, Inc. , requesting approval for one wall sign for the business located at 28007 Eight Mile Road in Section 1. Scott Miller: This is at the Weirton Shopping Center at Eight Mile between Grand River and Angling. They are proposing a wall sign in front of the building. They are allowed 74 square feet and they are proposing 72 square feet so everything is conforming to the sign ordinance. Mr. Engebretson: This sign was presented last week at our study meeting. We didn't ask the petitioner to come back because it is a conforming sign and they supplied adequate documentation for us to do our business. A motion would be in order. On a motion duly made by Mrs. Fandrei, seconded by Mr. Tent and unanimously approved, it was /#9-186-93 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Beacon Sign Company, on behalf of Arbor Drugs, Inc. , requesting approval for one wall sign for the business located at 28007 Eight Mile Road in Section 1, be approved Now, subject to the following condition: 13063 1) That the Sign Package by Beacon Sign Company, received by the Livonia Planning Commission on 9/13/93, is hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Sign Permit Application by Phillips Sign & Design requesting approval for a ground sign for the Emmanuel Lutheran Church property located at 34567 Seven Mile Road in Section 9. Mr. Miller: This is for the Emmanuel Lutheran Church. They are asking for one ground sign at 30 square feet, which is allowed by the sign ordinance. The site plan shows as you drive into the church parking lot it will be on the left hand sign. It will be internally illuminated. Mr. Engebretson: As with the previous petition because this item complied with the sign ordinance and they supplied complete documentation and everything was satisfactory, we told this petitioner they could skip the meeting also. A motion would be in order. On a motion duly made by Mr. Alanskas, seconded by Mr. Morrow and unanimously approved, it was #9-187-93 RESOLVED that, the City Planning Commission does hereby approve Sign Permit Application by Phillips Sign & Design requesting approval for a ground sign for the Emmanuel Lutheran Church property located at 34567 'fie Seven Mile Road in Section 9 subject to the following condition: 1) That the Sign Package by Phillips Sign & Design, received by the Livonia Planning Commission on 9/15/93, is hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 671st Regular Meeting & Public Hearings held on September 28, 1993 was adjourned at 11:00 p.m. CITY PLANNING COMMISSION es C. McCann, Secretary 111 ATTEST: ,;i Jac Engebre, son, Chairman jg I