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HomeMy WebLinkAboutPLANNING MINUTES 1989-05-09 10631 MINUTES OF THE 578th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA `r. On Tuesday, May 9, 1989, the City Planning Commission of the City of Livonia held its 578th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Donald Vyhnalek, Chairman, called the meeting to order at 7:30 p.m. , with approximately 50 interested persons in the audience. Members present: Donald Vyhnalek R. Lee Morrow Sue Sobolewski Herman Kluver Raymond W. Tent James C. McCann* Jack Engebretson William LaPine Members absent: Brenda Lee Fandrei Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; and Ralph H. Bakewell, Planner IV, were also present. Mr. Vyhnalek 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 do not become effective until seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been %my 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. Since Mr. McCann, Secretary, was not present at this time Mrs. Sobolewski acted as Secretary. Mrs. Sobolewski, Acting Secretary, announced the first item on the agenda is Petition 89-3-1-8 by Dr. Jerry Nosanchuk requesting to rezone property located on the north side of Schoolcraft Road between Ellen Drive and Riverside Court in the Southwest 1/4 of Section 21 from R-2 to P. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating their office has no objections to this proposal. We also have a letter from the Inspection Department stating no deficiencies or problems were found and their department has no objections to the proposal. Dr. Jerry Nosanchuk, 35000 Schoolcraft Road: I am the petitioner. With me is Ron Sherman. Mr. LaPine: John, when P.S. abuts residential, will a wall be required? Mr. Nagy: Yes, it will be required except where there might be an easement. Dr. Nosanchuk: There is an existing screen wall. 10632 Mr. Vyhnalek: This is strictly to increase the parking for your clientele? Dr. Nosanchuk: That is correct. Mr. Tent: Mr. Nagy, the parking spaces will they be 10' x 20'? rnmw Mr. Nagy: Yes they will. Mr. Vyhnalek: How long have you been at this location? Dr. Nosanchuk: Since July 7, 1980. Peter Taylor, 13987 Riverside: My understanding was when he applied initially for the building permits and zoning, that request was denied. I would hope that the board would use the same judgment in this decision. We currently have an 8 foot wall buffer. I have a swimming pool in my backyard and the parking lot would increase the odds of the kids that are already back there knocking things over. There is an 8 foot wall buffer but the parking lot would mean an increase in the noise levels plus the general congestion. Mr. Vyhnalek: What are the doctor's hours? Dr. Nosanchuk: My office hours are eight o'clock in the morning and I am usually done by three o'clock in the afternoon. I would like to respond. I was never turned down for this zoning. Initially when the building was built we had asked for a different type of arrangement here to build more square footage. What we wanted at that time is what we now want zoned parking, to have that zoned public service as well, `r, and that is what was refused. We were never refused parking. Mr. Nagy: I think the point is that area was all part of the initial rezoning request. Mr. Kluver: A question regarding the wall. Is that a masonry wall? Dr. Nosanchuk: That is a simulated brick wall. Mr. Morrow: Doctor, you built that wall on the residential property line, is that correct? Dr. Nosanchuk: As requested by the City. Mr. Morrow: But it was not mandated by the City because we do not require a wall abutting residential. In other words, your property is currently zoned residential but you choose to go from your residential lot line to the next adjacent lot line. Is that correct? Dr. Nosanchuk: I don't remember. Mr. Sherman: Inasmuch as this entire property was under the Doctor's ownership, site plan approval was obtained, at that time, to provide a masonry wall around his perimeter property line. At that time it was zoned P.S. �.. Mr. Morrow: I guess the point I am trying to make here is the ordinance requires that where P.S. abuts residential property, there must be a wall. 10633 You must have gotten the wall waived even though it was your property and you moved over to the next adjacent lot which meant that that property became a part of the P.S. Dr. Nosanchuk: I understand what you are saying but I don't believe it was an issue at that time. I believe what we initially thought about doing then was putting in some sort of natural buffer such as trees or bushes. I believe, I don't remember exactly how it turned out, but we ended up putting up a masonry simulated brick wall. There was never a question, at that time, about putting a wall next to the building Mr. Morrow: Normally we would require a wall to go on your property separating the P.S. from the residential unless you secured a waiver. I am just trying to find out what the history was on that because by putting a wall adjacent to the residential property, it almost made that residential property part of the P.S. Dr. Nosanchuk: I understand perfectly I just don't recall. Mr. Tent: I have a question to Mr. Taylor. Mr. Taylor, were you aware the Doctor's hours were 8:00 to 3:00? Mr. Taylor: It is the hours after he is gone. The office is there and therefore the parking lot is vacant. There are some kids that play back there and have a tendency to be kids and the parking lot will just increase the opportunity. Mr. Tent: You have no problem in the neighborhood now do you? I share your concern but the type of service he provides it wouldn't be like a `.• retail store. I would hope these hours would work out very well with you. I would be in favor. Dr. Nosanchuk: I basically take care of menopausel women. I have no people running in and out. We are usually done, occasionally by 6:00, but most every day we are dons by 3:00. As far as the parking lot adding to the congestion or people playing there, right now it is a carefully landscaped green area that people could play football on, etc. It is very nice. It is a lot of grass. One more thing I would like to add is if we do get very congested during those hours, the parking spills out into the street and that is a problem. Dennis Kinnen, 13993 Riverside: I am off during the middle of week. I work a lot of weekends and I will find the added noise from the cars offensive. Also, the doctor just had his place up for sale. How do we know this is going to stay a doctor's office. What is to say he isn't going to turn it around and some other business will be in there with some more cars? Also, if you notice lots 1 and 2 are very small. This is not an average size lot. This puts that parking lot right at their back door. We hashed this over before when he originally rezoned it. He was talking about a buffer zone with bushes and stuff. When we mentioned to him on whose property, he said he would put all the bushes you want on your property. That was his idea. That is why the wall is there. Mr. Engebretson: I would like to clarify where this wall is at the moment. 10634 Mr. Vyhnalek: The wall is right on the property line. Mr. Engebretson: So the conditions in the backyard of Lot 1 and 2 really do not change with respect to the space that they have up to the wall. Is that right? Mr. Kinnen: No, but the noise will. We get so much pollution now from the expressway and Schoolcraft without having the cars back right up to our wall. We don't need any more cars. Mr. Morrow: If I am following this correctly sir, I don't believe we are adding to the traffic. We are taking traffic off the street and putting it in the parking lot. We are not adding traffic. I just wanted to make that point. Mr. Kinnen: When he originally petitioned he wanted a much bigger building with no consideration for the neighbors. He knew what he was getting into. The place is up for sale. Who's to say he is not doing this just to sell the place. Dr. Nosanchuk: I would be happy to respond to that. He is absolutely correct. I did have the building for sale. I entertained some offers. With what they offered me I had plans drawn for a new building. When I found out what the new building was going to cost me, I was very happy to stay right where I am and I thought it would be better to just increase the parking rather than move. The sign is no longer there and it is no longer for sale. There was no one else present wishing to be heard regarding this item and Mr. S.• Vyhnalek, Chairman, declared the public hearing on Petition 89-3-1-8 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Tent and unanimously adopted, it was #5-90-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-1-8 by Dr. Jerry Nosanchuk requesting to rezone property located on the north side of Schoolcraft Road between Ellen Drive and Riverside Court in the Southwest 1/4 of Section 21 from R-2 to P, the City Planning Commission does hereby recommend to the City Council that Petition 89-3-1-8 be approved for the following reasons: 1) That the proposed change of zoning will provide a means with which to relieve an existing parking problem in the area caused by an insufficient number of off-street parking spaces. 2) That the proposed change of zoning will have very little adverse affect on adjacent residential property in the area. 3) That the proposed change of zoning represents only a minor extension of a non-residential zoning district into a residential area. 4) That the wall already exists between the most adjacent residential property where it is maintained as residential. 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. 10635 Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is . Petition 89-4-1-9 by Angelo D'Orazio requesting to rezone property located south of Eight Mile Road and west of Newburgh Road in the Northeast 1/4 of Section 6 from RUFC to R-7. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating site drainage will be required to be detained on-site in view of the limited capacity of the existing storm sewer system in Victor Parkway. Further, there are no sanitary sewers readily available to service the site. Mr. Vyhnalek: Mr. D'Orazio, you want to build some condominiums? Angelo D'Orazio, 35213 Vargo: Yes I do. Mr. Vyhnalek: These are for sale or rent? Mr. D'Orazio: For sale. Mr. Vyhnalek: Have you purchased this property yet? Mr. D'Orazio: Yes I have purchased the property. 411ft, Mr. LaPine: Mr. D'Orazio, you heard the report from the Engineering Department about the sanitary sewers. How are you going to alleviate that? Mr. D'Orazio: I have to check. If it is in the right of way, we could bring it up. Mr. LaPine: I thought the problem with the sanitary sewers was they were not big enough. Mr. Nagy: It is not contiguous to the property. He could go south. Mr. LaPine: How many condominiums would be built there? Mr. D'Orazio: Approximately around 40 to 45. Mr. Morrow: I think one of the things that is going to come out tonight if there are any adjacent property owners, they are probably going to want to know the price range. Mr. D'Orazio: Square footage is between 1800 to 2200 and the price range is about $200,000 to $225,000. Mrs. Sobolewski: John, about the R-7, what are the maximum or minimum restrictions for an R-7? What can be built? Mr. Nagy: Maximum allowable density would be ten units per acre for two `y bedroom units. Given the size of the units Mr. D'Orazio has 10636 mentioned, the average apartment size is somewhere in the area of 800 to maybe 1200 square feet so with the size of the units mentioned here, I would estimate the density probably won't exceed eight to an acre. Since we are talking about a seven acre site, the 114r number that Mr. D'Orazio mentioned is very low and very conservative and I would easily support that. There is a two-story height limitation. No building can be constructed higher than two stories, which is probably 24 to 26 feet. Mrs. Sobolewski: That would be no taller than a two-story house? Mr. Nagy: Exactly. Nancy Gaston, Jahn Drive: I am against the project going in for several reasons. First of all, there seems to be a few more homes shown on the map than what there is. Some of the lots are one acre lots with one house on them. There are approximately 35 homes in our subdivision. Now this man is going to take seven acres and put in 40 to 45 families. Our area here, within a square mile, has turned into a smorgasbord. We have residential. We have the two subs over on Seven Mile and Newburgh and then our subdivision. We have a gas station. We have the mini mall. We have Greenmead. We have a proposed post office, the lawyers' office and we have Victor, who is still undecided on what is going in there. Needless to say the traffic on Victor Avenue is going to be complex once the buildings start going up with Victor or whoever else will be building in there. Chances are there will even be a traffic light there. Traffic control is a problem now. We have the privacy of the subdivision. We will be having parking lights. We will be having traffic from this project that will be affecting our subidivion. Also, we have some people represented. We haven't a lot of people from our subdivision because of the past problems we have had with Council. They don't feel that any of us showing up does any good so I hope that what we have to say does make some type of impact because we speak for everyone in the subdivision. Kip Bonds, 38560 Morningstar: Nancy is a hard act to follow. She said everything that probably the rest of us are going to say. I really want to tell you that the people who live in that sub moved out there because it was zoned RUF and because we like large lots and we don't like people right next to us. When most of us moved out there we had the foresight to come down and check the master plan. The master plan is a shabbles. You moved Victor in behind us. You have a lawyers' office to the north. We are just asking that you stick to the master plan. We don't have any problem with it being developed as houses but to develop it as two-story buildings back there with dense population, we have a problem with that and we have a problem with the traffic. Jim Voigt, 20410 Meadowview: My property backs up to this parcel of land. I am totally against it for many reasons that have already been enumerated. I would like it to stay residential. I do not want to look into a parking lot. I do not want the added traffic. When it is multiple family residential, then you are never really sure who is pulling into that parking lot. My property is directly exposed fir. 10637 to it. As with the Victor project, once you rezone the property you have no more control over it as far as what is built within the zoning ordinance. This has already been the case with the Victor Itim, project. Victor had a beautiful plan but they have already sold out some of their property. This could be a case here. Once you have rezoned it with the intention of condominiums, it could be resold and what would stop them from building apartments? Also, I have very serious doubts about building anything back there because of the situation with the storm sewers. I have lived there for ten years and when you walk through that property, that property stays wet all year around. Right now, directly east of my house, at the Victor Parkway Road there is standing water and up until today the water was running off into Victor Parkway into that minimal storm sewer. My sump pump runs continuously. I mean every eight minutes. The reason for this is that the City engineers specify at what level our basements are put in and unfortunately my basement was specified six inches too low because if my sump pump goes off within about six hours I will have six inches of water in my basement. We are on wells also and our wells are much deeper. I am not an engineer but I see that where the water comes out of the ground on that piece of property and just walking back there I would say it is at a level where the ground water table is right now. A serious concern I have, as you mentioned, there is minimal storm drainage in that area right now and I am not sure what this would mean to any type of building site but it is specified in the plan that the retention basin would have to be supplied on that property. When you put in a retention pump, I feel that anything that is done to raise the level at which the water is presently draining off that property would Nor have an adverse effect on my home and the other homes along that street. My concern is what that will do to the water that is entering my drain field and into my sump pump. Also, all of that subdivision is on septic tanks. Some of them have had severe problems already. This again adds to my fears and my concern as to the way that property is developed. If there were adequate storm sewers, if there were houses going in with basements that were also pumping water out of the ground, I would feel much better. Mr. Vyhnalek: How many homes in your subdivision? Mr. Voigt: Approximately 28 to 30. Mr. Tent: Jim, I was very concerned with the storm sewers. I was going to address my question to Mr. Shane. We had a study not too long ago showing the situation in the area. Did that encompass this area? Mr. Shane: Yes it did. Mr. Tent: That is a real major concern and you have covered everything that I have been concerned about relative to the storm sewer and surface drainage and to me that is the crux of this whole situation and I can't see any way we can solve that drainage problem at this time. I certainly don't want to add to your problems or the problems of the surrounding neighbors. `f.- Mr. Voigt: One other thing I might mention. I have talked to well diggers and they will tell you that water will go uphill. 10638 Mr. Tent: You covered everything very well. Mr. Morrow: On that same line, was not the Victor development supposed to bring sewers to that area so that if there were problems in that particular subdivision, it could be tapped in through the Victor development. `r• Mr. Nagy: Victor is going to bring sanitary sewers in so these people will not have to rely on their septic tank but the storm drainage Victor would handle within their own area. Down at Seven Mile Road they too detain on an on site basis with a big pond and have their own on site detention. Mr. Vyhnalek: The church has their own pond for drainage? Mr. Nagy: At Eight Mile Road. Doug Wells, 20434 Meadowview: They have mirrored most of my concerns. If you want to see an artesian turn on the parkway because I do a lot of jogging and it is a constant flow. My sump pump runs year around every eight minutes. My basement will fill up about 1 1/2 to 2 feet if I don't have my sump pump running. I can sit in my family room and see the renaissance center, the bridge lights to Canada and see the entire skyline of Detroit. I am certainly concerned your buildings will obstruct that view but that is a personal thing. I photographed a deer about a year and a half ago. There is still some deer in there. I think this is the nicest subdivision in Livonia. This has been my third house in Livonia and I am appalled at all the development around here. I don't mind if they sell off the land but I would like to see some reasonable height restrictions here. I would like the City to very carefully check `.. out the water flow. I would be concerned about the density. There is a lot of density as far as traffic. We are all concerned about that. This is a rather large area and now you are going to take and put more on seven acres. It just tends to do away with what I think is the premium place in Livonia. I want you ladies and gentlemen to be concerned with what you allow the people to put in there. Maybe make restrictions as to density. Forty-five is too many. I would like to see four per acre. I would like to see $200,000 to $250,000 price range. Joseph Mysliwiec, 20464 Meadowview: I live north of the area in question. The only thing I would like to point out in echo of what Jim Voigt said was the water and sewers. I think if this rezoning was to be considered, as part of it, it should be that the subdivision would be able to receive water and sewer from that. When you look at the property values in our subdivision and you look at the amount of taxes we are paying and we still have to have septic tanks and wells in the City of Livonia, I think this is the closest the push is getting to us. We were told that Digital Equipment was going to build their building in Victor and the sewers were going to be brought to us from the other end. That seems to be on hold. I think if this development is going to go, I think part of it should be that water and sewers be brought to the subdivision from that side. I am confident that the quality of the construction will 10639 be suitable to the area and enhance the area. The question we have is the density. How many per acre. I think you ought to consider that with the height. The other concern I have is when you have an area of condominiums, at least the recent ones in the City, you have been screening the parking areas and screening the development with a nice berm. If the drainage in the area is already poor, if the water table is such, how in the world are we going to get these berms constructed and still have adequate drainage. I don't think we want to look out from our backyard to just see church parking lot and more parking lot. The other point I don't want to see the streets open up. We have Meadowview Lane, which is a closed street, which doesn't go through. We would hate to see them open up that street and we were promissed a long time ago that wouldn't happen. Tom Homrich, 10561 Seven Mile, Salem Township: I am Chairman of the Trustees of Berean Baptist Church. I would like to correct one of the statements that was made concerning all of the residents of the subdivision. We do have residents in the subdivision that are not opposed to the rezoning of this property. Our church parsonage is a part of that subdivision as well as some of the members of our church also live in that subdivision and one of their pieces of property backs up to the seven acre parcel. I think some of the things we are talking about this evening are legitimate fears or legitimate questions that the people have brought up but I think some of that has to do strictly not with the rezoning but with the development of the property, which would be more site plan than rezoning. The petition is for rezoning and not the development of it. `44111, Mr. Vyhnalek: That is all site plan but it gets intermingled. Mr. Homrich: I realize it does. However, I think it has to be evaluated on the basis of the request not on the basis of the development. The other point as far as water problems. They have existed in that subdivision long before the request was even made for the rezoning of this property. If the property was not rezoned at this time for development, the problem of sewers would remain as much of a problem to those in the subdivision as it is now. We had the problem with the parsonage and we did have it repaired and new drain fields installed. We know the problem has been there and it has been ever since that subdivision has been built. We have felt that to develop it in this way would be more advantageous because of the commercial buildings that are going to be developed by Victor to have perhaps more of a residential character remain than to have the whole area taken over by commercial type buildings. At one time we looked into the possibility of what was a rezoning desire so we could make use of the property instead of letting it lay idle because as a church we are not able to develop it into an area that would be beneficial to us. We were told by the City that the rezoning that we could look forward to would be professional type buildings. If that was pursued and if that would be approved, the parking and the development of it would be the same parking wise and perhaps more so if it was commercial buildings than if it was residential. Probably more traffic as well. As far as traffic is concerned, I cannot understand the fears of the people as far as more traffic in the subdivision. The traffic is going to be following the new Victor Parkway. That was the intention of the road. Basically, that is our feeling. 10640 Eric Hunt, 38640 Morningstar Drive: I am a resident of the subdivision for 11 years and I feel I need to tell you that I am the listing realtor for the sale of the property but as a neighbor I would support the petitioner. From my professional eye this property is probably too t„` valuable to develop as single home sites. As a resident of this area I would have been much happier if all the 104 acres that Victor now occupies had been left alone. I built the Wells' house and I hate to spoil his view of the renaissance center but progress marches on. If that doesn't go condominiums, it could go offices as the City administration changes down through the years but as it is we have elected to go ahead and put Victor in and as I see it the site is being professionally developed into an upscale community of condominiums. We are not going to have a barrage of lights and parking. As a neighbor I would support the concept. Also as a neighbor I do have some concerns with the sewer and water problem and I wish you would be conservative along those lines if you approve this petition. Mr. Morrow: You say you live in the area? Mr. Hunt: Yes I do. Mr. Morrow: You are in the real estate business? Mr. Hunt: Yes sir. Mr. Morrow: As a matter of curiousity, since the Victor plan was approved has any new construction gone up in the subdivision or is it staying pretty must status quo? Mr. Hunt: There has been one house on Jahn Drive on the south side that I know has been put up and we were in the process of building Mr. Wells' home and one other on Hickory Lane has been built. Mr. Morrow: I drive around the City quite often and I recall there was some new construction. Mr. Voigt: I was under the impression that the petitioner already owned the property. Is that correct? Mr. D'Orazio: Subject to the rezoning. Mr. Voigt: The reason was because I was under the impression he owned it already and I was very resentful of the church member being here who does not live in our subdivision and the point I made about the drainage, I am not blaming our poor drainage on that property, I am concerned with the effect of development on that property and also the parsonage and other church members who are adjacent to that property and are not here to speak on that. Mr. Bonds: I have four points I would like to make in rebuttal to statements that were made. (1) No one in our subdivision was ever contacted or promised a sanitary sewer extension from Victor. (2) The issue here is not whether that land is going to be rezoned to commercial or rezoned to multiple dwelling. It is rather it is going to stay `.. where it is or rezoned to multiple dwelling. (3) In answer to Mrs. 10641 Gaston's statement, ten houses have changed hands. The people that are still there fall into two categories. The people who are older and the people like ourselves who have school children and we want to keep them in the same school. (4) The statements about traffic. 'tir I don't know how many people here have gotten a ticket trying to turn into their own subdivision but I make a left hand turn at about 5:00 every night from Eight Mile onto Meadowview and I have received a ticket for blocking traffic. Now tell me we don't have traffic problems. Mr. Vyhnalek: How many houses are for sale at this time in there? Mr. Bonds: Only one that I know of. Ms. Gaston: The house has been up for sale for a year and it has gone down $40,000. They cannot get rid of it. I can't say exactly what the reasons are but it is not because it is not a well maintained home. Mr. Tent: After hearing all the comments I just wanted to say I feel Mr. D'Orazio would do a great job. He would put up a quality development. There is no question in my mind, at this time, about the quality of what he would put up but my big concern is I can't see in good conscience how we can compound the problem. The people that have built the homes have been there for many years and they have lived with the problem without adding to it. If I could see where we could solve that surface drainage and the sanitary sewers, then I would be more inclined to go along with the development. I think I have no other alternative except to say let's wait and see what is going to happen. Let's get a definite plan before we are in Star so much of a hurry to rezone. The petitioner does not even own the property yet. He doesn't have a vested interest and these people do. They have homes in there and I feel for them. That is my point and I wanted to make a statement. Mr. Vyhnalek: Mr. Nagy, did the Engineering Department say anything further. Did they talk to you at all about how difficult it would be to correct this sanitary sewer and the drainage problem? Mr. Nagy: The developers of the respective properties have to deal with the water that eminates from their property. Mr. D'Orazio, as the developer of this, will have to handle the water and contain the water within his property. It will have to be metered out at a reduced rate into the new storm system that is in the Victor Parkway. That storm system is not designed to handle the storm and water drainage from the Livonia Hills Subdivision. It was never intended to be. Mr. D'Orazio: I am interested in buying the property. Also, the drainage in the subdivision. All the condominiums will have basements and two car garage and also have a retention pond with landscape all around. It will be luxury apartments. Mr. Tent: I know you are going to put up a fantastic development. My concern is you have your property contained and I would just like to get the problem solved for the adjacent area. \r. 10642 Mr. Vyhnalek: Mr. Tent, I don't know if that can be solved if that P.O. is not developed on the Victor project. Mr. Tent: Why must we hurry up and put this thing into effect why can't we go ahead and see what is going to happen before adding any more development to the area? I was concerned and Mr. Shane made that presentation about the storm sewers in that part of the City and it was kind of alarming to find out that we will have a problem within the next five or six years. I feel we should address ourselves to that issue. Mr. Morrow: To go along with what Mr. Tent is saying that we are sure the water will be contained on Mr. D'Orazio's site but would that have a negative affect on the subdivision. Would some of the drainage that they are getting now be backed up and raise the water table as this gentleman pointed out. We certainly don't want to even consider the development of that property to a heavier density if it is going to cause a negative affect on the subdivision. Mr. Engebretson: I want to speak in opposition to this petition for many of the reasons that have been stated by the residents tonight. Most of them referred to specifically the drain problems, etc. but their reliance on the future land use plan is something we can't ignore. The feared domino effect of this Victor project reaching out north, south, east and west is something that is becoming a reality. I think, as Mr. Tent has said, there is no hurry. Let's look into some of these problems. It has also been pointed out this is a zoning issue and has nothing to do with site plans and density and so on and with the ordinance as presently written, we could face an `, issue where Mr. D'Orazio could sell this property and another developer comes in with something three or four times as dense as what is being proposed and I think the problem just becomes worse and worse. At a very minimum I think that we should table this issue. I think the issue of the sewers and the water situation needs to be totally understood before we proceed with anything and if not a tabling issue then I think this petition should be denied. Mr. LaPine: I believe the points that Jack just made are very pertinent to many things that have been going through my mind. I would also like to point out the fact that the residents say they would like to keep this as single family housing. It is possible this could be developed with smaller lots, which would mean there would be more homes than a condominium development may produce. Either way I am dead against this property being rezoned for any commercial or P.S. zoning. I think it has to go either R-7 classification or R-1-2-3 classification. All these water problems are very pertinent to the case. I have lived in a house where I had those problems and it is not nice. I don't think we have to jump into this. I think we should sit back and see how the Victor project is developing. I echo what Jack has just pointed out. Sam Campbell: I represent the church. I also live in Livonia Hills Estates. We did not want to sell this land. It is not our desire to sell it. I have heard a lot of things here tonight. I really think some things 10643 are incorrect here and need to be spelled out. I lost some friends over this whole thing so speaking now isn't going to make any difference. That house that is for sale has been for sale for over a year because the condition is such that nobody wants to buy and when people don't want to buy a house, the people reduce the price. Victor hasn't changed the value of my home. As for the drainage problems, the water goes north to our pond on the east side of the subdivision. On the northwest corner it goes the other way. It doesn't go towards the property for sale. I don't see this as a legitimate argument. We have no water problems where I live. It is not our desire to sell the land. The church needs to sell the land. We ran out of money. I hate to hear you talk about tabling this or denying this. It makes a difference to us. We talked to John and several other people about what the City would like there before we decided to whom we would like to sell it and we were told it would only go for residential, and high rise office or any office was out of the question. We sought a purchaser, including Victor. They said they didn't need it but they certainly wanted to know who was going to get it. They feel it is compatible with what they are attempting to do. It is not going to bring in a type of people our neighbors would not want. I am asking consideration here in favor of, not against, this proposal because of need for one thing but I don't believe everything here was exactly as represented. I too have to come in and out of that subdivision and face all the problems everyone else does. Everybody is moving forward. I see no reason to stop us from moving forward. There are some problems said to be there which really aren't as great as people would like to make it seem. Mr. Vyhnalek: How long has the church been there? Mr. Campbell: Since February of 1981. Mr. Tent: I am sympathetic with what you are saying about the need but I, as one commissioner, can't compromise what I feel is good for the community because the church has a problem and they want to dispose of the property. I just want to emphasize the fact that while you probably have a problem financially this would affect the whole community. Mr. Homrich: I would like to ask a question as to what the property was originally zoned where Victor International is building their development. Was that not residential as well. Mr. Vyhnalek: I believe it was. Mr. Homrich: So the problem that has been created has been created by the change in zoning for Victor International and not the seven acres we are asking for rezoning. Mr. Kluver: The Victor project did bring into fact Victor Drive and also has allowed the fact to make that particular piece of property available for development. Had Victor not been there, that piece of property would have been landlocked. `. 10644 Mr. Homrich: The property would not have been landlocked because there was already an easement. Mr. Kluver: However, if Victor wasn't there, would you have developed it? Mr. Homrich: Yes, we would have developed it. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-4-1-9 closed. On a motion duly made Mr. Engebretson, seconded by Mr. Kluver and unanimously adopted, it was #5-91-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-4-1-9 by Angelo D'Orazio requesting to rezone property located south of Eight Mile Road and west of Newburgh Road in the Northeast 1/4 of Section 6 from RUFC to R-7, the City Planning Commission does hereby table Petition 89-4-1-9 until June 6, 1989 for the purpose of fully investigating this matter with respect to some of the items that the residents have expressed concern about. We would also seek support from the City Engineering Department to give us their conclusions as to what the real situation is out there and the petitioner will have the opportunity to do the same. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver: I would like to invite also at that study session the Assistant City Engineer and/or the City Engineer to qualify whatever analysis they make regarding the sanitary storm situations that would crop up and ``, also a comparison of development of what we are potentially looking at, which the future land use has already called out for versus what potentially we can look at and how that would contiguously develop within the site. Mr. Morrow: I ask that the comments be made available to the Engineering Department so they can come prepared to respond to the public comments tonight. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-3-1-7 by McDonald's Corporation requesting to rezone property located on the south side of Ann Arbor Road between Ann Arbor Trail and Hix Road in the Northeast 1/4 of Section 31 from C-1 to C-2. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating there are no water mains or sanitary sewers readily available to service the site. Further, Ann Arbor Road has not been dedicated to its fullest extent (60' ) adjacent to some portions of the frontage of the site. `rr 10645 Alan Helmkamp, 16832 Newburgh Road: I am here on behalf of McDonald's Corporation. Hopefully you saw the petitions that were brought in representative of 14 of the surrounding businesses that signed the petition in support of the rezoning. I think there is an attitude there that perhaps we could help out with business down there. Beyond that I would reserve any time we have to respond to any questions or comments from the audience. Mr. Vyhnalek: This is going to be a typical McDonald's? Mr. Helmkamp: I wouldn't want to say typical. I would say in terms of the architectural treatment of the site, it would be modern with a glass front treatment. Mr. LaPine: This will have a drive-thru window? Mr. Helmkamp: That is correct. Mr. LaPine: How will the drive-thru go? Mr. Helmkamp: It will be Ann Arbor Road to Ann Arbor Road. Mr. LaPine: What is the seating capacity? Mr. Helmkamp: 102. Mr. LaPine: How many employees. Mr. Helmkamp: I would like to call on Mr. Whitman of McDonald's Corporation to 'tow answer the technical questions. Bernie Whitman of McDonald's Corporation: There will be a total of full time and part time employees of up to 85. Mr. LaPine: At this point you do not know who is going to be operating this McDonald's? Mr. Whitman: We call it awarding the operation and it has not been decided. Mr. LaPine: This is being built by McDonald's and they will lease it out to whoever you decide it is going to be awarded to? Mrs. Sobolewski: Mr. Helmkamp, is there one in the area that will be like this one? Mr. Helmkamp: There is one in Ann Arbor that is very similar. Mr. Whitman: It will open on the 18th. Mrs. Sobolewski: What makes this more unique: Mr. Whitman: It is a larger facility with more modern seating. The decor is modern. There is adequate parking and adequate landscaping. 10646 Mr. Morrow: I just wanted to make sure if there is anybody in the audience on this to understand what we are doing here tonight is we are rezoning the property from a C-1 to C-2, which is setting the stage to come back for waiver use approval at which time we will get into the actual use of the property and the site plan so that will come at ,fir another public hearing under waiver use. Right now we are just looking at more intense zoning. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-1-7 closed. On a motion duly made by Mr. Tent, seconded by Mr. Morrow and unanimously adopted, it was #5-92-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-1-7 by McDonald's Corporation requesting to rezone property located on the south side of Ann Arbor Road between Ann Arbor Trail and Hix Road in the Northeast 1/4 of Section 31 from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 89-3-1-7 be approved for the following reasons: 1) That the proposed change of zoning represents only a minor extension of an existing C-2 district in the area. 2) That the proposed change of zoning is supported by the Future Land Use Plan which recommends general commercial land use for the area. 3) That the proposed change of zoning is compatible to and in harmony with the surrounding uses in the area. fir• FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-4-1-10 by Antell Partnership requesting to rezone property located north of Schoolcraft Road and east of Middlebelt Road in the Southwest 1/4 of Section 24 from P.S. to C-2. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating their office has no objections to this proposal. Tom Guastello, Owner of Buckingham Office Park: I would like to show the Planning Commission several items. We have first of all a proposed site plan for the project that indicates in a little more detail the developments that have occurred on the property. I am the owner of the property. Mr. Guastello displayed the site plan. `rm. 10647 Mr. Vyhnalek: Why don't you tell us what it is going to be. Mr. Guastello: The development will be a 102 unit property that caters to business travelers. The brand name of the property is Comfort Inn. It will be a property that is tailored to the environment. We look at the ,` Jeffries Freeway, the two very excellent halls that are located there and the business corridor that we have between the Jeffries and Plymouth Road. We have very positive studies on that and what we are trying to do is a unified development in the office area. We have a sister property that we have photos of that is by Lakeside Mall, which I have built and I am the owner of. Mr. Mike Walker is here with me. He is the General Manager of the Lakeside property. He would become the area supervisor of these two properties. To orientate you to the site, and it has changed a great deal, we have Chi Chi's, which was the first development. We put in the Olive Garden. Then we put in the two office buildings that are fully constructed. One is 100% leased and the other is 50% leased. We just completed two more buildings. One building is the HMO. Mr. Guastello made a presentation of the site improvements he is proposing. Mr. Guastello: There would be no restaurant and no bar. You would get a complimentary breakfast. We would have two meeting rooms. The largest room holds 16 and the smaller room holds 10 people. We would like to be a part of this community. Donna Brierley: I live behind the property that has already been developed. This was our threat when these buildings were zoned P.S. - If you don't want this property rezoned, then I can come in and put in hotels and motels. Now we backed off. You people, the City Council, you don't care that everyone in the subdivision is opposed. We are going ahead and rezone and we still have our threat. From my bedroom we have put in tinted windows to cut the lighting problems. We have put in vertical blinds plus we have put up fencing. We have spent more money than we will ever get back. When I mentioned to Mr. Guastello that we were having a difficult time with the property because he now has coach lights on the building, very courteously he shut off the second building's coach lights as a courtesy to me. I know that is not going to stay off forever. I think it was just to keep me quiet and keep me calm for this meeting because I had no idea it was coming. After they cleared the property, I now see the hospital, the parking lot, the DRC as well as the Jeffries. During winter we had problems with them blowing snow. You have cleared it. You have approved so many problems. I am livid that you are actually considering this. I can't believe people would even consider putting a three-story building in a residential area. The HAP clinic I happen to work at. It is not over two stories. Chi Chi closes at two o'clock in the morning. The customers of the Oliver Garden are gone by two in the morning. You come in and you say the lighting is going to be this way. Three weeks later, I don't care what your site plan is, the buildings are the same, the lighting is the same. Forget I live there. If you pretend you are driving through and look at this piece of property, it is a very small piece of property. It cannot hold a motel and if it can it is 10648 not going to run full. Less than a half mile we have a Super 8 Motel. It is never full. We had neighbors that were involved in a drug bust. From what we were told she was doing a lot of her business out of that hotel. We don't need another motel in the area that close. You are talking about widening Middlebelt Road. That gar. traffic is so bad the Mayor has already gotten us a no right turn sign. Mayor Bennett has already done that for us at our request because you can't get out of our subdivision now. When that is all built, can you imagine the traffic, the pollution, the noise, let alone a 24-hour operation. I don't see how you can do it to us. Mr. Guastello asked me why don't you move if you can't take it anymore. He was polite about it and I said if I could, I would be the first one out of my sub. We have lost $10,000 to $15,000 on our homes in our area simply by what is behind us now. As you see there aren't very many of us here tonight because they all said it is a waste of time. The thing what hurts the most, when Mr. Guastello came to us about developing the property, I was his biggest ally saying yes we have to have progress, we have to move on. See where it got me. Once you let them rezone property, you let them put the foot in the door and then you keep getting shoved and shoved until there is no place to go and I am afraid there is nothing to do but take the loss. Ron Batog, 29125 Perth: I would be facing the motel, which is a three-story motel. I don't think it should be. This is for professional service and I think provessional service buildings should go in there. My brother-in-law is a police officer in Redford Township and he says we are going to get drug dealers. We are going to get prostitutes. You are going to have bookies in there. You have the Olive Garden and you have Chi Chi's. Now these prostitutes are going to be at the bar in the lounge picking up customers to take them back to that motel. We just had a drug raid and I don't think that is right to have a motel there. There is going to be a doctor's office right behind my house so if you have a drug addict in the motel, he is going to break into the doctor's office where you have drugs. To me it is a bad location plus you have the Super 8 Motel, which is never crowded. Plus it is three stories. They are going to see my kids playing in my back yard. I lost $15,000 on my home because of this. Greg Malnar: I own one of the original houses in the subdivision. That acreage was originally zoned as multiple dwelling with commercial along Middlebelt and Jeffries access. It was switched to professional service. The buildings put in now are not fully occupied. One is partly up and one is under construction. The wall that was put up is a six foot brick wall. The lighting is constant. Everything that was said that was going to be done has not been done. I would like for you to go by that area and you tell me where you would put a 103 unit hotel. I have lived there for over twelve years now. As far as the greenbelting goes once again I would like you to go down there and see what he has done with the greenbelting. I have a six foot wall and I am looking directly into the office building. Before you do anything come and see what his greenbelting is. It is next to nothing. Once again we have lived there twelve years. We have conceded and went back and forth and let him have his way. Again, I would like for you to see what he has done so far before you let him go general rather than professional. `.. 10649 Mr. Tent: I have a question for Mr. Nagy. You gave us an engineering report, how about a traffic report. Has Lieutenant Thorne issued us a letter? Mr. Nagy: No he has not. Not on a zoning change. Mr. Tent: Would it be possible for him to consider the traffic situation. Mr. Nagy: I would be happy to seek such a report. Mr. Tent: I recognize this is a zoning change but it does affect the traffic in the area. I would like to consider that as part of my decision. Mr. Nagy: I think if I could comment on that. I think that is why the Engineering Department has requested that Middlebelt Road be widened. There are three lanes from Schoolcraft to the drive that is just north of Chi Chi's Restaurant and then you are forced to taper back into two lanes. What is proposed now is that Middlebelt be widened. That there be an additional through lane extended north from the drive on the north of Chi Chi's to the drive on the north of the Olive Garden and then there will be a new taper section of 250 to 350 feet in order to allow that traffic to merge back in the two lanes to the north. So that kind of traffic analysis has already been taken into account for plan improvements for Middlebelt Road that are needed. That will be the developer's responsibility. Mr. Tent: Is a three-story building permitted in a C-2 zoning? Mr. Nagy: There is a 35 foot height limitation in a C-2. r,r• Mr. Tent: This is 36 feet he is talking about. Mr. Nagy: He will have to reduce the height to two levels. You need some type of relief. The ordinance does make exceptions for mechanical equipment, penthouses, etc. Mr. Morrow: The petitioner has heard some comments relative to lighting and landscaping. I wonder if you have any comments. Mr. Guastello: The issue of the lighting. We have adjusted our parking lot lights on five occasions in the area. The last occasion was in the middle of the summer when we had a light truck there at night to adjust the lighting. We have set a independent timer on the coach lights so as to turn down the lights so they would not be intense. It is exactly like a light you would have on a back porch. As for the landscaping - We have landscaping that we put in at the start of the summer. Mr. Hacker was our construction superintendent. I think he did a heroic job in fighting the very high temperatures and we were able to save about 90% of our landscaping that does meet the requirements of the City. We have had, as of last week, the nursery out and we have graded the entry way on Buckingham Drive and we are in the process of replacing those few trees that have died in the Phase I development. In the Phase II development we are getting in our underground sprinklers and landscaping and think we can do a h.. 10650 good job on that. As you know, the fence requirement is five foot and we put a in six and seven foot wall behind the development. Their homes are built on a crown so some of the homes can see over the wall. As to height requirements - The figures I gave you was a top end figure and I understand 50% of that roof is not considered `` height. We can come within the 35 foot requirement. We would be part of a national chain. It would be a major development. We do not encourage, we do not intentionally allow people of ill repute into our facility. We would not encourage nor would we allow any illegal activities and if we suspected those things we would want to root them out because it would affect our establishment before it hurt the neighborhood. We cater to the business travelers and what we count on for a 12 month basis. We are not interested in catering to the Ladbroke facility. We are interested in catering to the corporate community and to the traffic that would be generated by the halls and the neighborhood needs of the City of Livonia. There are no other, what we think, motels in our class along the Jeffries Freeway and we think that is an important location for that type of facility and we have done a very thorough feasibility study. The one other point I would like to make is we think it would be a harmonious blend of traffic because our traffic can also use the Middlebelt exit and in addition to that classically our traffic has a check in period of 6:00 p.m. In the morning we leave at a little different time than the traffic patterns that are generated by the existing office as well as the existing restaurants there so we would hope it would be a harmonious use to the community. Mr. LaPine: What was the total units that would be in this motel? Mr. Guastello: 102 units. Mr. LaPine: I think 2.12 acres is small to put a building of this magnitude on. That is my personal opinion. Show me how they get into this building. Are they going to use the same road as they use for the Olive Garden? Mr. Guastello: We will have three basic ways to enter into the facility. One would be to take the Jeffries Freeway or get on Middlebelt and come down Buckingham Avenue. The other way of entering would be to go between Chi Chi's and the Olive Garden to the facility. The third way would be to go through the Chi Chi's lot and go into facility. Mr. LaPine: How will you be able to control parking strictly for the motel? In my opinion, both Chi Chi's and the Olive Garden don't have enough parking. Consequently, people driving in there going to those two facilities, if this motel is built, if they can't find a place to park, they will find a parking space at the motel. How are you going to control that? Mr. Guastello: We control the parking at the motel by taking license plate numbers and if we find a car that isn't there, we act accordingly. In addition to that, we have in center of area increased parking in now. If we were to lose a few spaces it would not hurt us. We feel we would have over the quota of parking. 10651 Mr. Tent: Mr. Guastello, have you had any dialogue with the neighbors in the area? We have had three of them here today and they have indicated their displeasure and if you talked to them, have you talked to any more people in the area because it has always been a controversial issue in that location and the neighbors were very outspoken how the property should be developed and I am curious if you have approched any of them with this particular project. Mr. Guastello: With the entire office complex we have had a continuing dialogue with the neighbors. I assure you I have their phone numbers and they have mine. We did not specifically go over this plan because it is not adacent to any of this development and we felt it was adequately shielded. We tried to be as responsive as we can to their concerns but I think at an earlier meeting one of the real dilemmas we found ourselves in was buying a very pastoral wooded property that would have made an excellent park. Unfortunately, we replaced the park with an office park which is a little bit different and I think if I were a neighbor I would be resentful of losing the trees and forest and other things. However, I think this is the property that is across from the Schoolcraft Freeway and I think if you look at the aerial photo the development of this piece is appropriate to the development of all the other pieces along that property. We have tried to do that in a responsible way. We are going to soften the motel setting. At that time we will have a number of occasions to work with the neighbors. Mr. Tent: You are amendable to making adjustments where required? Mr. Guastello: Absolutely. Mr. Tent: A comment was made that the landscaping has gone downhill. Do you have any plans to go ahead and take care of that? Mr. Guastello: The original development was put in, and that is buildings #1 and #2, last summer and as you know it was a record setting summer and we did, and Mr. Hacker did, and outstanding job of watering. We are in the process now of getting our sprinklers in and we have learned, based on last summer, that you put your sprinklers in first and then your trees and we will do that and we will go back and retree the development in an effort to cooperate as much as possible. We even planted some trees at the request of some neighbors. Mr. Tent: The coach lights. Are there plans on turning them on in a couple of weeks? Can you correct that condition: Mr. Guastello: I think as we see the condition of the coach lights we think a minimal amount of lighting is necessary for all of the people. It is our hope on those that we will keep them at a low wattage and we will keep them at a low time period. We would like to keep them on until 9:00 to 10:00 p.m. In other developments we have kept them on until midnight thinking that a lot of the kids go away but at the request of the neighbors we would keep them on until 9:00 or 10:00 and then turn them off. Mrs. Sobolewski: Is there any other access except from Buckingham? 10652 Mr. Guastello: There is access between Chi Chi's and the Olive Garden. That is a private drive. Mrs. Sobolewski: No access from Schoolcraft? r" Mr. Guastello: The Schoolcraft access would be through Chi Chi's. Mrs. Sobolewski: I just worry about the intensity of this project. Mr. Guastello: The one thing you have to visualize is we are able to offer a very high quality room at a very reasonable price. We do not have a restaurant and bar that you associate with motels and as a result of that our traffic count is diminished greatly. Mrs. Sobolewski: It is hard to see that. What I see is a great big sign. I see big cable TV antenna. I just worry that the use is too intense. Mr. Engebretson: Mr. Guastello, was it your original intent to build a fifth office building on that site? Mr. Guastello: Before we had the benefit of enlightenment from the new Mayor, who served on Council, it was our intent to build nine office buildings on that site. We have drastically revised that. We did intend to build another office building there but we reduced the density considerably and increased the parking. Mr. Engebretson: Considering four of the buildings are constructed on this one empty area. would it be safe to say if you weren't to construct this motel, you would probably construct an office building? Mr. Guastello: I am not sure what we would construct there. We are not overwhelmed by demand for offices in Livonia at this time. It is a tough market out there. I think we have constructed as many office buildings as the market will permit at this time. If the office market were to change, maybe perhaps we could. Mr. Engebretson: I think the statistics would support your conclusion there. I am very much concerned about the traffic on Middlebelt Road or sneaking through Chi Chi's. You are well aware of the concern in that regard and I am going to suggest that you look at developing straight through access from the Schoolcraft Service Drive because I would anticipate there would be some problems going through Chi Chi's. Mrs. Brierley had raised the point earlier that I would like to be enlightened on. It is my understanding that she made reference to traffic being restricted at Middlebelt Road. Did I misunderstand that? Mrs. Brierley: We went to the Mayor because we couldn't get out of our subdivision. We can't get out of our sub because of the two restaurants and HAP and the people who are currently in Mr. Guastello's buildings so we went to Mayor Bennett and he put up a no right turn sign. He also assured us this property would never be commercial. The major problem was the lights. The second time they adjusted the lights during the day. The third time they adjusted them at night. About the fifth time they were done properly. He tells you exactly what you want to hear. He is very soft spoken and he is very intelligent. 10653 Mr. Engebretson: I think we all share concern as to the potential illegal activities that sometimes go on in motels and Mr. Guastello probably more than anyone else. I would like to add to Mr. Tent's request to the Police Department to comment on the traffic situation. I would like to ask them what the City's experience is in hotels. I would like to know if this is a potential problem. Because if this motel were to be constructed, it is very near a residential area, not that it would be any less of a concern if it were in a commercial area, but I think it is a question that is every bit as important as the traffic situation. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-4-1-10 closed. On a motion duly made by Mr. LaPine and seconded by Mrs. Sobolewski, it was #5-93-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-4-1-10 by Antell Partnership requesting to rezone property located north of Schoolcraft Road and east of Middlebelt Road in the Southwest 1/4 of Section 24 from P.S. to C-2, the City Planning Commission does hereby table Petition 89-4-1-10 until June 6, 1989, at which time we should have the information requested from the Police Department. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Tent, Sobolewski, Engebretson, LaPine NAYS: Morrow, Vyhnalek ABSENT: McCann, Fandrei Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-3-2-22 by Louis Ronayne requesting waiver use approval to establish a landscape contractor's yard and recreational vehicle storage facility on property located on the west side of Farmington Road between Schoolcraft Road and the C. & 0. Railroad in the Northeast 1/4 of Section 28. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating the legal description contained on the petitioner's plan meets with the approval of their office. We also have a letter from the Department of Public Safety, Division of Fire, stating their office has no objections to its development contingent upon the installation of an approved water supply and on site hydrant within 450 feet of the west property line. Also in our file is a letter from the Ordinance Enforcement Division stating the following deficiencies or problems were found: 1. The entire lot is required to be paved. 2. The required lighting is not indicated on the plan. 3. There is a 3rd waiver use proposed, that of semi-trailer storage. That is the extent of our correspondence. With respect to the 10654 problems and deficiencies the plan has been corrected. The entire lot is now going to be hard surfaced paved and there is outdoor lighting now shown on the plan and the semi-trailer storage is now totally eliminated from this proposal. Mr. Vyhnalek: It looks like you have complied with most of our requests. Mr. Kluver: On the site plan can you show the total number of vehicles to be stored. You have x amount of square footage. Logistically you could store so many vehicles. I would like to see that on the site plan. Dave Alexander, 45051 Parchment Drive: That would be 100 vehicles. Mr. Nagy: There are parking spaces delienated but it is hard to tell because of the varying length of recreational vehicles but the number of parking spaces are shown in the areas that legally describe it. Mr. Kluver: What I am trying to say is on the site plan can you show the number of parking spaces and/or can you show the number of vehicles? Mr. Alexander: That is on the plan. Mr. Nagy: There are 100 parking spaces. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-2-22 closed. On a motion duly made by Mr. Tent, seconded by Mr. LaPine and unanimously adopted, *tar it was #5-94-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-2-22 by Louis Ronayne requesting waiver use approval to establish a landscape contractor's yard and recreational vehicle storage facility on property located on the west side of Farmington Road between Schoolcraft Road and the C. & 0. Railroad in the Northeast 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 89-3-2-22 be approved for the following reasons: 1) That the Site Plan dated 7-1-88, as revised, prepared by Basney & Smith, Inc. which is hereby approved shall be adhered to. 2) That the landscaping shown on the approved Site Plan shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition. for the following reasons: 1) That the proposed use is in compliance with all of the waiver use standards and requirements set forth in Section 16.11 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 10655 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance ##543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-3-2-23 by JRJ Group, Inc. requesting waiver use approval to construct an activities hall addition to St. Mary's Antiochian Orthodox Church located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating Ihseedleriedrestioencitell.theThpeelnerimind iption contained on the petitioner's plan meets with he apval this office. We also have received a letter from he Detmenof Public Safety, Division of Fire, stating their ffices nobjections to its development. Also in our file is a etterom tTraffic Bureau stating the proposed parking layout s satacto . They recommend that the drives have 20 foot radii nsteaf th15 foot shown, and further that a tangent design be n the curved design. They also recommend a six foot sidewalk be provided on the Merriman Road right-of-way. We have also received a letter from the law firm of Wood and Wood representing Mr. and Mrs. Gary K. Bidle, who reside at 18234 Merriman Road, stating their objections to this petition and asking that the Planning Commission deny the waiver use. Ron Jona, 30445 Northwestern, Farmington Hills: I am here tonight in the capacity as the architect representative for the church and we have Fr. George here to address some of the issues. I can give you the background. Fr. George approached me about six months ago and discussed wanting to create an activities center for the parish. At that time we began site plans for that parcel and I used the Livonia zoning ordinance to plan out the parking and we think everything on the site plan is according to ordinance. We feel this is a very good use for that parcel. We are only bordered by the one neighbor and the school as you can see. The issue John mentioned about the parking can be addressed rather easily. We plan to do that. Mr. Morrow: What would be the capacity of this activities building? Mr. Jona: There are going to be six classrooms and there is going to be a hall that would accomodate in the neighborhood of 400 people and other activities of that nature and joins directly with the existing church. Mr. Morrow: How many parking spaces? r„r, 10656 Mr. Jona: We have 300 cars required and we have 354 cars provided for. Mr. Morrow: What is membership of church? Fr. George: We have 350 families. Mr. Morrow: One of the concerns is the use of that activities building. Certainly it is not unique to have an activities hall connected with church operations. One of the concerns is if we have a waiver with a residential area, we would certainly not like to see a commercial type of operation. I guess I would have to have that made a part of the record tonight that there is no intent to commercialize this but it would be strictly in conjunction with the church activities. Mr. Jona: That is correct. That is the intent of the hall. It will be used for showers and weddings. This is the capacity needed. Mrs. Sobolewski: You are saying that specific use of this activities hall will be for the parishioners. Mr. Jona: Yes, for the use of the church and parishioner related activities. That was my understanding. Mr. Vyhnalek: What do they do now? Mr. Jona: Off premises. Nothing can be held on site currently. Mr. LaPine: You can assure us that this is not going to be a rental where anyone who wants to rent that hall can rent it? It will only be members of the church and family members? Mr. Jona: Fr. George has assured me of that. They feel they have enough parishioners and enough activities. I don't know that some of the events the church sponsors that the public will come to like bake sales and pot lucks. There will be some activities that will include residents in the Livonia area. Fr. George: We have an annual fair. Mr. LaPine: I have no objection to that. What I am saying is we have other halls in the City that are required to be in commercial areas to be rented out. It would be a disadvantage to them if you were operating a commercial venture here and renting this out to generate money. I guess that is the point that is very important to me and some other members of this board. The 354 parking spaces that you alluded to. That is strictly for the activities hall and there is additional parking for the church? Mr. Jona: That is the total on site. We feel it is going to be staggered. Mr. Vyhnalek: That P.L. Are you buying that from the school district? Mr. Jona: It has been bought. Mr. Vyhnalek: It has been bought but the zoning has not been changed? 10657 Mr. Jona: I have applied for rezoning. It has just been brought to my attention that was still P.L. from I don't know how many years ago. Fr. George: Seven years ago. The City stated it should only be used for parking and we forgot to change it. Mr. Morrow: Did you purchase this from the City or from the school? Mr. Jona: From the school district. Mr. Vyhnalek: Mr. Nagy, this rezoning is coming up when? Mr. Nagy: The zoning change is scheduled for the June public hearing. Mr. Jona: What I am asking is if we can get approval tonight with the contingency of the approval for the rezoning. Mr. Vyhnalek: What about the handicap spaces? Mr. Jona: I have to blame myself for that. I haven't seen the calculations. As soon as I produce that calculation, I will have no problem going ahead and increasing that number. Mr. Nagy: Because there is surplus parking on the side. Mr. Tent: There were several items mentioned in the reports. The sidewalks on Merriman Road - are you amenable to having the sidewalks installed? Mr. Jona: Yes we understand that will be part of our responsibility. '41s'' Mr. Tent: As far as landscaping, everything that was requested, you will bring that in with preliminary site plan drawings? Mr. Jona: Yes. Mr. Nagy: Your petitioner has a site plan attached to his waiver use request. If you want to grant approval contingent upon rezoning then site plan approval would have to be made subject to proposed change of zoning. Mr. Tent: This should go back to our next session. I would like to see the final stages so I know what I am voting on. Mr. Engebretson: Isn't there a more basic issue here? The notes refer to the necessity of dealing with the zoning of the public land to parking before this proposal and so aren't we required to put the matter off until we have dealt with that or can it be dealt with contingent as Mr. Jona has requested? Mr. Vyhnalek: It could be dealt with subject to. Mr. Morrow: What would be the hardship to schedule those simultaneously? Mr. Jona: There would be no hardship. I was unaware that the rear portion that was bought from the school board was zoned PL and with private 10658 ownership it can't be zoned P.L. and then when I submitted this waiver use Mr. Nowak informed me this has never been rezoned, so I worked with him to get it and I was hoping for a concurrent hearing. I don't think time is always something to consider. I don't think St. Mary's or myself has a problem. +4111, Mr. Morrow: We are removing it from the public land classification and you want to put it into some other classification. I think that is what we are saying. Mr. Jona: Mr. Nowak and I put it in R-3. That is what he recommended to me as part of the waiver use for the activities hall. Mr. Nagy: Churches are waiver uses in residential. It is literally surrounded by residential. You could argue that is spot zoning. Plus the requirements of a wall would come into play because you have parking, a commercial lot next to residential and you have to deal with the screen wall and you really don't have a commercial parking lot but the ordinance doesn't distinguish between that. It just makes sense to deal with it as a residential zoning and have a waiver use which you can condition on. Mr. Morrow: We have a petition that will be coming up in June. Is that request residential or parking? Mr. Nagy: The petition is for residential. The reason why the two are not on the same hearing is waivers only require seven days public hearing notice but there is not a zoning change here because the zoning change is an ordinance change for the City of Livonia and requires at least fifteen days advance notice so the two could not be tracked New at the same time. Paul Lay, 37000 Grand River Avenue: I represent Mr. and Mrs. Gary Bidle. They live at 18234 Merriman Road. They have been residents there for over ten years. Their property is located immediately north of the area which is part of the rezoning where this parking is going to be located. My clients live on approximately 4 1/2 acres and it is zoned R-5 and R-3. It is my understanding that the proposed activities building would be constructed to the north of the church. According to the plans I reviewed, the church fronts on Merriman Road approximately 70 feet. With the addition of this activities hall from one end to another it would be approximately 200 feet, which is almost three times the frontage as it presently exists. This is basically a residential community. To the north, over to the west and then to the south it is residential. There is no commercial. There is no industrial all up and down Merriman Road until Six and Seven Mile Road. The only two things that are not residential would be the church and the school. One of the major objections that my clients have is that in reviewing the plan we noted that almost all of the parking spots proposed by the church would be all along the north edge of the church property. All of this, 200 x 400, would be used for parking and that is all adjacent to my client's neighboring property. This is residential. This is zoned for one family residential and believe me my clients are not Nora. 10659 anxious to have over 300 parking spots adjacent to and right next to their home. We feel as though it would be a demeanition in value of the property because of the way this church is going to be expanded and particularly because of the way this large parking area is going to be developed. We are concerned about the alcohol aspects of this situation. We had a problem a few years ago when a fair took place. My clients for days after the fair was over were cleaning up beer bottles, beer cans and other debris that the fair goers deposited on my client's property. We are concerned about what is going to take place after people leave the activities hall and go out in the parking area and our client's property is adjacent to that. We just feel that this entire proposal is too large and we feel as though it's really inappropriate to have this large parking area as far as our clients are concerned. For this reason we would request that this proposal be denied. Mr. Vyhnalek: What does your client have back on his property? Mr. Lay: It is all vacant. Mr. Vyhnalek: He does not grow anything? Mr. Lay: He has a garden there. Mr. LaPine: Can you tell me where the parking is now for the church? Mr. Lay: I believe there is no parking whatsoever near where my client's property is located. It is more centrally located around the church. rNew Fr. George: I am the pastor of that church. Fr. George pointed out where parking is now. Mr. Vyhnalek: On your new site plan what is the greenbelt. Fr. George: We will keep it ten feet. Mr. Lay: I also wanted to talk about the nuisance aspect. We visualize that after these showers and wedding parties and activities that take place, people will be going out to the parking lot and my clients undoubtedly are going to be disturbed by some of that noise. We feel as though this waiver that is being requested, as far as the 200 x 400 foot public land aspect, should be denied. We feel as though this whole scheme is too large and for that reason we are asking that this council deny the request of the petitioner. Rick Chavey: We live directly on the other side of the street on Curtis Road. I am representing my mother and father who couldn't be here tonight. They wrote a letter to the council. Basically we support the church in what they would like to do. I understand they have problems too but the church has been good neighbors and so have the Bidles. Mr. Chavey presented the letter from his parents to the commission. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-2-23 closed. 10660 On a motion duly made by Mr. Morrow, seconded by Mr. Kluver and unanimously adopted, it was #5-95-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-2-23 by JRJ Group, Inc. requesting waiver use �u. approval to construct an activities hall addition to St. Mary's Antiochian Orthodox Church located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11, the City Planning Commission does hereby table Petition 89-3-2-23 until June 6, 1989. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-3-2-24 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate a Chez Yogurt Shop within the Laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. This map also covers items 9, 10 and 11. Mr. Nagy: We have a letter in our file from the Engineering Department stating their office has no objections to this proposal. We have also received a letter from the Inspection Department stating no deficiencies or problems were found. A letter is in our file from the Fire Marshal's office stating their office has no objections to this development and lastly we have a letter from the Traffic Bureau stating this proposal is part of the shopping center and its parking and traffic flow is governed by the Shopping Center Master Plan. No other areas of concern were noted. Michael Polsinelli, 26913 Northwestern Hwy, Southfield: I represent Schostak Brothers. Mr. Polsinelli made a presentation to the commissioners and audience of the plans showing the yogurt shop. Mrs. Sobolewski: The hours of operation of this will be the same as the shopping center? Mr. Polsinelli: Yes. Mr. Tent: There will be no meat products? Mr. Polsinelli: Strictly yogurt products. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-2-24 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Engebretson and unanimously aopted, it was 10661 #5-96-89 RESOLVED that, pursuant to a Public hearing having been held on May 9, 1989 on Petition 89-3-2-24 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate a Chez Yogurt Shop within the Laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, the �•► City Planning Commission does hereby recommend to the City Council that Petition 89-3-2-24 be approved for the following reasons: 1) That the floor plan and building elevation plan dated 3-28-89 prepared by Paul Greene Associated, Inc. which is hereby approved shall be adhered to. 2) That the standup counter area provided for customers shall be limited to a capacity of 6 persons. for the following reasons: 1) That the proposed use complies with all special and general waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to support the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-3-2-25 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate a Leo's Coney Island Restaurant within the Laurel Park Place Shopping Center located on the Northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7. Mr. Nagy: We received the same correspondence as with the previous petition. Mr. Polsinelli presented the plans for the Coney Island Restaurant. Mr. LaPine: Is there a separate area that is carry out? Mr. Polsinelli: There is a carry out area that is somewhat separate primarily because of the nature and location of the adjacent office building. They contemplated that they needed to set that aside to accomodate enough people. Mr. LaPine: Who is going to operate this coney island? Mr. Polsinelli: These are two individuals that have a complement of other Coney Islands in the area. Right now they are Leo's Coney Island. `.. Mr. Tent: The menu, will it be a full menu? 10662 Mr. Polsinelli: Standard typical Coney Island. Eggs, Greek specialties, salads and sandwiches. Mrs. Sobolewski: Do any of these restaurants have outdoor seating? Mr. Polsinelli: All the seating is self contained within the restaurant. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-2-25 closed. On a motion duly made by Mr. Engebretson, seconded by Mr. LaPine and unanimously adopted, it was ##5-97-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-2-25 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate a Leo's Coney Island Restaurant within the Laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, the City Planning Commission does hereby recommend to the City Council that Petition 89-3-2-25 be approved for the following reasons: 1) That the Floor Plan marked sheet A-1, prepared by Katrivesis and Associates which is hereby approved shall be adhered to. 2) That the Building Elevation Plan marked sheet A-2, prepared by Katrivesis and Associates which is hereby approved shall be adhered to. '11411. 3) That the maximum number of seats in the restaurant shall not exceed 114. for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #I543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-3-2-26 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate an Olga's Kitchen Restaurant within the laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7. 10663 Mr. Nagy: We have the same letters as on the previous petitions. Mr. Polsinelli made his presentation on Olga's Kitchen Restaurant. Mr. Vyhnalek: Same type Olga's? Nfty Mr. Polsinelli: Same menu and identical items. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-2-26 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Tent and unanimously adopted, it was #5-98-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-2-26 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate an Olga's Kitchen Restaurant within the Laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, the City Planning Commission does hereby recommend to the City Council that Petition 89-3-2-26 be approved for the following reasons: 1) That the Floor Plan marked sheet A-6 dated 2-13-89, prepared by Michael A. Boggio Associates, which is hereby approved shall be adhered to. 2) That the Building Elevation Plan marked sheet A-4 dated 2-13-89, prepared by Michael A. Boggio Associates, which is hereby approved shall be adhered to. ``. 3) That the maximum number of seats in the restaurant shall not exceed 88. for the following reasons: 1) That the proposed use is in compliance with all of the waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-4-2-30 by Schostak Brothers & Co. , Inc. requesting waiver w.. 10664 use approval to construct and operate a Little Caesars Pizza Station within the Laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7. Mr. Nagy: No correspondence. There was no one present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-4-2-30 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Tent and unanimously adopted, it was #5-99-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-4-2-30 by Schostak Brothers & Co. , Inc. requesting waiver use approval to construct and operate a Little Caesars Pizza Station within the Laurel Park Place Shopping Center located on the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, the City Planning Commission does hereby recommend to the City Council that Petition 89-4-2-30 be approved for the following reasons: 1) That the Floor Plan and Building Elevation Plan dated 4-13-89 prepared by L. Caesar Enterprises which is hereby approved shall be adhered to. 2) That the maximum number of seats in the restaurant shall not exceed 88. for the following reasons: 1) That the proposed use is in compliance with all waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-4-2-28 by Bill Ferminos requesting waiver use approval to operate an automobile collision repair shop within an existing building located on the west side of Stark Road between the C. & 0. Railroad and Capital Road in the Southeast 1/4 of Section 28. Mr. Bakewell presented a map showing the property under petition plus the existing se. zoning of the surrounding area. 10665 Mr. Nagy: We have a letter in our file from the Engineering Department stating their office has no objections to this proposal. We also have a letter from the Fire Marshal's office stating they have no objections to this operation. A letter from the Traffic Bureau rry states they recommend the following changes be made: 1. The drive approaches use a chord or straight line rather than a curved line. 2. A six foot walk be provided along the Stark Road frontage. 3. The vehicle storage area be fenced for security. Lastly, we have received a letter from the Ordinance Enforcement Division stating the following deficiencies or problems were found: 1. The required security fence is not indicated on this plan. 2. The Master Thoroughfare Plan indicates that Concord Rd. is proposed to extend immediately south of this property. At such time as the road is installed, the following must be addressed: a) The required security fence would have to be located to a point 25' from the Concord Rd. right of way and would eliminate the 15 parking spaces at the south side of the building and necessitate the relocation of the dumpster. These moves would create a parking deficiency of 9 spaces based upon the current and proposed occupancy. b) All available parking will be in full view from Concord Rd. and/or Stark Rd. They further state that based upon this eventuality, it is doubtful that this site has the capacity to support this use. Greg Stempien, 38705 Seven Mile Road: I am appearing on behalf of the petitioner. Mr. Ferminos is here with me. We are petitioning to move from one industrial building about 30 feet to the south to increase his capacity so he has greater storage. He now has the capacity for about eight units in the present facility. By moving immediatedly to the south, he will be able to increase that to fifteen cars so he will not need outside parking. As to the fence, the landlord has assured us he will put in the fence and that will be part of our lease. That will be taken care of. Mr. Vyhnalek: What about the sidewalk on Stark? Mr. Stempien: The landlord has assured us that will be taken care of. We can make that contingent. We are going to be tenants in only a portion of the building. He has assured me all that will be done. Mr. Vyhnalek: Who is the landlord? Mr. Stempien: Enrico Rosati. Mr. Morrow: Of we are going to have all inside storage, why do we need a security fence outside? Mr. Nagy: The ordinance doesn't distinguish between inside storage of vehicles or outside storage of vehicles. It is an ordinance requirement. Mr. Vyhnalek: You could seek a waiver I suppose. Mr. Stempien: We are not seeking that at this time. That would be sufficient for our purposes. We have about 8 to 10 cars and we can put 15 inside. v.. Mr. Morrow: You would certainly be more than cooperative with keeping them inside. There is a little bit of conflict with the ordinance. 10666 Joe Vanzo, 12066 Boston Post Road: I might say that moving this repair shop from one building to another building, now the other building where it was located was no problem to anybody because it was within the industrial area. Moving it to this particular facility gives the people in that area a wide open view of a repair shop regardless of ,tap- whether it is in an industrial area. We hear them speak of no storage facilities on the outside but that might be temporary. There will be times when they will have more vehicles than the inside will be able to facilitate. Because mechanically when they work, they will need room so they will be stored outside. We all know that. Mr. Vyhnalek: Is he storing them outside now? Mr. Vanzo: On the other site, yes they are. I have seen them. The people who live adjacent to this, it is a clear view to this particular piece of property here and they are not very well in favor of this type of operation going in there. I believe that at the present time that first piece of property here is owned by the City. (He pointed it out on map) That is the interest for the proposed road. I understand that there is to be a protective wall or greenbelt to protect that home on the corner. This property extends to beyond two properties. We still don't have a wall and I believe the ordinance calls for a wall. We are definitely against it because we are not getting the cooperation we should get from that industrial property in that particular area and we don't want to set a precedent and a wall will have to be built because it is in the ordinance. The people who live on Capitol object to this particular business going into that particular area because of the possible parking. There is no room to park cars there anyways, it is very narrow. Mr. Tent: Mr. Vanzo, you live in the neighborhood, don't you? Something you said interested me. I too am concerned about these businesses that are not allowed parking and they are supposed to keep them in the building area, but you can complain. If there is an ordinance not allowing outside parking, all you have to do is give them a call and they will take care of it immediately. I would suggest if this petition were approved and you saw those cars parked outside, all you have to do is make one complaint to the Ordinance Enforcement Division and that will be taken care of. Mr. Vanzo: Rather than having to make a complaint about automobiles parked there, why not put a wall up. That eliminates that. Mr. Tent: Is a wall required in this area? Mr. Nagy: Strict application of the zoning ordinance where manufacturing abuts residential does require a wall. I can only guess that perhaps the reason there isn't a wall is the fact that area to the south is shown on the Master Thoroughfare Plan as a future road right of way. It was reported in their report that industrial land to the west of these sites is literally landlocked and the purpose for the City acquiring the site Mr. Vanzo previously pointed out is a way to 10667 provide a future roadway to extend into that area to open it up for industrial development. My only explanation for not having a wall would be perhaps in the future if we were to implement the road as shown on the master plan. Josephine Smith, 34401 Capitol: I am Lot 104. Between the two houses there is a Soup whole vacant field where the drainage ditch is going through and I can see the shop. There are cars parked outside. I have seen the men working outside before. I am concerned because this is a collision shop and in the summertime that noise will go constantly. There is nothing to buffer me from the noise on the other side. I do not want that collision shop there for the noise. The other thing I am concerned about, when he first put up his building, a buffer was supposed to be put up and we haven't heard anything about it. I am against the collision shop. Debbie Bryce, 34367 Capitol: I too agree with the noise factor and I would like to see a buffer put up. Cheryl Groves, 11701 Boston Post: I am concerned about filtering. What do they do for fumes? For paint fumes? What kind of filtering? Mr. Stempien: We have that now. We have a painting booth inside. This is in operation right now. You approved it two years ago and it has been operating for two years. It has been approved by the City and the Fire Department. I'm not saying that isn't a legitimate concern but that is taken care of. Mr. Vyhnalek: Wayne County oversees that. W. Ms. Groves: There are a lot of neighbors that didn't even know it was there. They had no idea. It became a concern because there are dumpsters back there. How are they getting into the bay doors? How are they exhausting the fumes? How are they storing the chemicals? There is no wall. There is nothing. Mr. Vyhnalek: Mr. Nagy, what is the distance between the homes on Capitol and this building? Just an estimate? Mr. Nagy: I am estimating 100 feet. Ms. Groves: We did notice the dumpsters were there and we did see how many parking spaces were there and it didn't seem like a lot of room for that type of facility. Mr. Vyhnalek: Are you talking about the new building? Ms. Groves: Yes. Mr. Vyhnalek: Well all the parking is going to be inside. That is going to be required. Ms. Groves: When we did find out more about it, it was very outstanding to me That they were able to do that. Then we wonder about junk cars. 10668 Mr. Vyhnalek: They don't have any junk cars. Ms. Groves: The fumes are a concern and there is no wall. Mr. Vyhnalek: Has there been any complaints about fumes in the last two years? Sow Mr. Stempien: No. Ms. Groves: That is a concern. We have children that play in the woods abutting this area and I would like to see a wall. Mr. Vyhnalek: We agree but Mr. Nagy gave the reason why there wasn't a wall. Ms. Groves: I don't feel there is any reason for a bigger facility. Mr. Vyhnalek: There is going to be a security fence. Are you going to have your bay doors open to the south? Mr. Stempien: During those hours absolutely from time to time. Vehicles are moving in and out. Judy Tingley, 34380 Capitol: This is basically in my back yard. I am against it. When they put up the building it concerned me. To be honest with you, I was sort of relieved because it put something between me and the bump shop because of the noise and young people hanging around there on the weekends. Last summer they were working until ten o'clock at night listening to the loud music. I am against it. All the things they promissed us last time are not true. Mr. Engebretson: Have they been leaving those doors open during the day other than to get vehicles in and out? Are the doors open when the jobs are going on indoors and does that result in the noise you are talking about or are you referring to noise that comes about because they are performing these duties and tasks outside the building? Ms. Tingley: With the doors open and also outside. It is more the music blasting. Mr. Engebretson: A question to the petitioner. Is that your plan sir to operate in that manner? I thought it was against the City ordinance to work on cars outside. Mr. Stempien: The only thing we do to cars outside is wash them. Mr. Morrow: We are in a Catch 22. Certain members of the commission tend to encourage these types of operations to go into manufacturing district but we are looking at one tonight that is in a manufacturing district but it is in close proximity to a neighborhood and apparently on the surface it looks good but there are other types of problems such as loud music. I know the petitioner is saying there is no work going on outside and we have the neighbors saying there is work going on outside. We say no outside storage and we find there is outside storage. I don't know which way to jump here. 10669 Mr. Stempien: The reason for outside storage for last four to six months is because we need to expand but from time to time you are going to have vehicles outside because tow trucks are going to bring them in and they don't tow them directly inside. ,trow Mr. Morrow: It is a waiver use and we have to take into consideration these type of things. I try to put myself in the position of the young lady who just spoke. I don't want to be subject to allowing a use like that to come in that would interfere with the quality of life on Capitol. Mr. Stempien: Those are the sort of things that if they approach my client they can be handled on an individual situation by situation basis. He doesn't want to be a bad neighbor and if his employees do something, he can tell them to turn it down or shut it off. That sort of thing to me isn't an issue. The chemicals and the storage and those kinds of questions, we can answer that. These other problems that are raised, we will deal with them like any good neighbor would on a situation by situation basis. Mr. Morrow: They are not in there on a waiver of use. The apprehension I have is we hear a lot of wonderful things but sometimes we don't get what we expect. Mr. Stempien: You are bound to have noise and it is bound to happen when you are operating in industrial. Mr. LaPine: Your doors, are they on the south side of the building? slimy Mr. Stempien: Yes. Mr. LaPine: Is it possible that they be moved to the north side of the building? Mr. Stempien: We are the tenants. The landlord constructed the building in that nature. Mr. LaPine: He didn't construct this building basically for you? Mr. Stempien: No. There is no driveway on the north side. Mr. LaPine: Where you are now, you don't have any additional space for you to expand? Mr. Stempien: No. Lady in Audience: You said this building has just been built but all those doors do face us. There are cars in and out. Last summer when it was hot, my patio is attached to my garage, and those young kids would be outside sanding the cars and if you couldn't hear that radio, you are deafer than I am. Mr. Engebretson: From my point of view, in the petitioner's own words, this is a very busy operation and the nature of this business, in my judgment, is certainly suitable for an M-1 district but in this particular 10670 instance where it borders on a residential community with no protective screening and whether they are working inside or outside doesn't matter, I think it is inappropriate and I am going to speak very strongly in opposition to this petition. Nor possibility Sobolewski: We talked about protection from a wall or barrier. Is there any possibility whatsoever of any form of protection for these neighbors? Mr. Nagy: As was pointed out, it is a unique situation. Waiver uses by their very nature are unique. That is why they require special public hearings. There are nuisances associated with them that set them apart from the normal kind of manufacturing activities that occur within the district so you have the right to establish conditions to create compatibility. Mrs. Sobolewski: Well in this case if we can work something out and we can make it easier and more comfortable and try to work with the petitioner, perhaps we should table this and look at something that will meet with the neighbors' approval. Mr. Morrow: I don't find any fault with what Sue says. I think the petitioner knows where we are coming from. Maybe he is not prepared to be saddled with all those conditions. Mr. LaPine: I am not opposed to having the owner of the property put up a wall but all a wall will do for these neighbors is block their view of the operation. Loud music can still be heard over a wall. The banging of metal can be heard over a wall so it is not going to eliminate that. it will only eliminate them looking at facility. I think their big complant is the noise. Mr. Kluver: There are several ways for us to handle this situation. If you are looking for conditions, we can do that but there is a valid point here and that is that this type of operation requires waiver use and again the purpose of that waiver is to control this type of use and I believe it belongs in the industrial area but here is a case of logistics. You have a situation where the waiver use is not applicable because the type of operation is too close to residential area. Possibly we should table this situation and try to come up with an adequate solution. We have an obligation to our citizens to see if we can work out a compromise. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-4-2-28 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was MI5-100-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-4-2-28 by Bill Ferminos requesting waiver use approval to operate an automobile collision repair shop within an existing building located on the west side of Stark Road between the C. & 0. Railroad and Capitol Road in the Southeast 1/4 of Section 28, the City Planning Commission does hereby table Petition 89-4-2-28 until May 4.. 16, 1989. 10671 Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 89-4-2-29 by Livonia Jaycees requesting waiver use approval to hold the 24th Annual Livonia Jaycee's Spring Carnival at the Omni Theater property located on the northeast corner of Plymouth and Farmington Roads in the Southwest 1/4 of Section 27. Steve Sartarias: I am the new Livonia Jaycees President. Mr. Vyhnalek: We are going to deviate from the regular schedule. He wants to make a statement about what took place today. Mr. Sartarias: Basically I will tell you what we would like from the commission. It is anticipated that a written withdrawal of this petition would be available tomorrow pending a signed contract with DRC. We would like to see approval of this petition until we can present the agreement with DRC to Council tomorrow. Mr. Vyhnalek: We approved Rotary at DRC. Now Rotary has withdrawn their petition and you are now going to take their time spot on tomorrow's agenda at DRC with Wade Shows. This petition they have tonight is for Farmington and Plymouth Road area with a different carnival so if we approve this tonight, you will have to withdraw at the council level. Mr. Nagy: If you waive the seven days, the Council can theoretically put this item for the Farmington and Plymouth Road one also on the agenda tomorrow night. The Council President can order that it be placed on as an X item. If the other arrangement that is worked out with the Rotary falls through, this is like an insurance and they will continue to pursue the Plymouth and Farmington Road location. If it comes to pass, they will move forward on the Middlebelt and Schoolcraft location. *11:20 - Mr. McCann entered meeting at this time. Mr. Sartaris: I want you to know this has been confusing for me too. Mr. LaPine: The carnival you were going to operate on the Omni Theater property. Do you have a contract with Crown? What do you do, dump that and then pick up Wade? Mr. Sartaris: I believe what I was told today was that representatives from both Wade and Crown met today and discussed the situation and worked out something but I don't know exactly what that was. Mr. LaPine: It is none of my business but it just seems Crown must have a contract. Mr. Vyhnalek: I think Wade will probably give Crown another spot. Mr. Sartaris: Crown did say that they thought the Omni site was not mutually acceptable. 10672 There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-4-2-29 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Engebretson and unanimously adopted, it was #5-101-89 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 89-4-2-29 by Livonia Jaycees requesting waiver use approval to hold the 24th Annual Livonia Jaycee's Spring Carnival at the Omni Theater property located on the northeast corner of Plymouth and Farmington Roads in the Southwest 1/4 of Section 27, be approved subject to the following conditions: 1) That the proposed carnival operation shall be confined to the area as described. 2) That all truck parking, temporary housing units and all other related transportation equipment and apparatus relating to the operation of the carnival shall be parked or stored on the subject property. for the following reasons: 1) That the subject site has the capacity to accomodate the proposed use. 2) That the proposed use is in compliance with all special and general waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #5-102-89 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure requesting the seven day period concerning effectiveness of Planning Commission resolutions in connection with Petition 89-4-2-29 by Livonia Jaycees requesting waiver use approval to hold the 24th Annual Livonia Jaycee's Spring Carnival at the Omni Theater property located on the northeast corner of Plymouth and Farmington Roads in the Southwest 1/4 of Section 27. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 89-1-7-1 by the City Planning Commission to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, by changing the designation of property located west of Newburgh Road, north of Plymouth Road in the Southeast 1/4 of Section 30 from industrial to medium density residential. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. 10673 Mr. Vhylanek: This is a petition by the City Planning Commission. Scott Heinzman, 37601 Grantland: I would like to say changing master plan to residential is a favorable situation. However, medium density doesn't really comply with the preferences that myself and a lot of `. people on Grantland have. You remember Petition 88-10-1-31 by Dr. Mendelssohn. Most of the opposition to that was due to preference for single family residential. As we understand it, medium density entails two-story maximum apartments and with R-1 there would be a much stronger preference to low density. One of the things to point out is when the City land came up for sale, your recommendation at that time was R-2. R-2 doesn't fall under the medium density. It falls under low density. Although residential would be good, it would open the door to apartments, which we are very much against and we would very much prefer single family homes in that area. I think it falls under low density. Mr. Nagy: The staff recommended medium density. While we did take into account the existing housing pattern in the area, the thing we are looking at in the future, of course, is the City property. While we did hold a hearing for the R-2, the City is pursuing that property for housing for the elderly, which would be medium density rather than low density. Mary Hirschlieb: When I hear of all the problems you work with, it scares me as to the future and what we are going to have to contend with before this is settled and of course we are hoping for the best. Scott has pretty much spoken for us. We appreciate your concern and hope we can trust your decisions for this area. Mr. Morrow: As far as what Mr. Nagy has said about the City-owned RUF property, I support the senior citizens in that area but also in the many hearings that we have had on this parcel, Plymouth Road has a lot of things pertaining towards commercial, C-1 and C-2 type of applications, more intense uses than the medium density classification and because we are only talking about the future land use plan, we are not really talking about rezoning the property, I support the staff's feelings that medium density would be the best classification. Mr. Heinzman: Number one, our street would not have any problem with a Silver Village being put in if the master plan was low density. We would not have a problem with a waiver for that. I would also like to point out that single family homes are much more appreciated than apartments or condominiums. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-1-7-1 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #5-103-89 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia, having duly held a Public Hearing on May 9, 1989 for the purpose of amending Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, the same is hereby amended by changing the designation of property located west of Newburgh Road, north of Plymouth 10674 Road in the Southeast 1/4 of Section 30 from industrial to medium density residential, for the following reasons: 1) That the proposed amendment to the Future Land Use Plan will reflect the City's future development policy for the subject area. `r. 2) That the proposed amendment to the Future Land Use Plan will reflect the residential character of the subject area. 3) That the proposed amendment to the Future Land Use Plan will provide a reasonable development guide for the City when deliberating future requests for changes of zoning in the area. AND having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Future Land Use Plan of the City of Livonia which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Preliminary Plat approval for Fox Run Estates Subdivision proposed to be located on the east side of Levan, south of Lyndon in the Southeast 1/4 of Section 20. 1411. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. John Lezotte, 36361 Lyndon: We looked at a couple of different combinations and this is what we feel is the best for this neighborhood. I plan on building a house there myself. I talked to neighbors on Lyndon and they were concerned about walking through their back yards and I proposed putting a sidewalk out on Levan Road. Mrs. Sobolewski: Right now Allen Road ends right there? Mr. Lezotte: Yes. Mrs. Sobolewski: When you are doing your construction in there, are you going to bring in all your trucks off Levan? Mr. Lezotte: I am proposing to have a temporary road. Mr. Vyhnalek: What is the price range? Mr. Lezotte: $145,000 to $175,000. Pat Bracken, 14475 Woodside: My home backs up to the property. I got the notification on this a couple of weeks ago, I have no problem with the homes going in there. I have a question about the number of homes he is trying to get in there. I live on a cul-de-sac. The area of that cul-de-sac is slightly smaller than area he is working with. In both of those cases they are working with 8 homes. In this case he is trying to get 10 homes in there. I had heard before 10675 the value of the homes was somewhere in the $40,000 to $50,000 range. Homes in the $170,000 range - that is fine. That is what the homes in that area are today. It seems to be a tight amount of land for 10 homes. If he meets the City codes, I guess we have no issue. New Mr. Nagy: It meets all of the requirements. In fact, it exceeds them. Michael Neary: I live on the corner of Lyndon and Levan. I have known John Lezotte for 12 years. He built my home and he is a very quality builder. My house is a very substantial home and I think what he proposes, I keep calling it a cul-de-sac but there are no homes around it. He is going to build on two lots himself so there are probably 7 or 8 so I am for it very much because I believe it will add to the property value. If he says the houses will be worth $150,000, it will be $170,000 by the time they are sold. There was no one else present wishing to be heard regarding this matter and Mr. Vyhnalek, Chairman, declared the public hearing on Preliminary Plat approval for Fox Run Estates Subdivision closed. On a motion duly made by Mr. Tent, seconded by Mr. Morrow and unanimously adopted, it was #5-104-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Preliminary Plat approval for Fox Run Estates Subdivision proposed to be located on the east side of Levan, south of Lyndon in the Southeast 1/4 of Section 30, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Fox Run Estates Subdivision be approved for the following reasons: Slaw 1) That the proposed Preliminary Plat is drawn in conformance with all applicable City Ordinances and Regulations pertaining thereto. 2) That no City Department has objected to the approval of the Preliminary Plat. 3) That the proposed Preliminary Plat provides a good land use solution to development of the subject land area. FURTHER RESOLVED that, notice of the above hearing was sent to abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks & Recreation Department. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 89-3-2-21 by Transmission Retailers, Inc. requesting waiver use approval to operate a transmission repair facility within the Jeffries Commerce Center located on the south side of Schoolcraft Road west of Inkster Road in the Northeast 1/4 of Section 25. 10676 Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating they have no objections to this proposal. Mr. Vyhnalek: The petitioner called me today and stated he would be off work by nine o'clock and he was going to try to get here. He stated he does not do retail business as such. What he does is he gets companies that have problems with their fleets and they bring them in and he services them right there. They do not go out and advertise for customers. That is why he needs one hoist. He also stated that he has filling stations that when they take the transmissions out and it is shot and needs a new one, they will bring it down there and he will put in a new one for them and take it back to the service station. Since he is not here tonight, we can table it or approve it or deny it. Mr. LaPine: It is my understanding the only problem here is the question of the hoist and I don't see any problem. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 89-3-2-21 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Morrow and unanimously adopted, it was #5-105-89 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1989 on Petition 89-3-2-21 by Transmission Retailers, Inc. requesting waiver use approval to operate a transmission repair facility within the '_r Jeffries Commerce Center located on the south side of Schoolcraft Road west of Inkster Road in the Northeast 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 89-3-2-21 be approved subject to the conditions that only one hoist shall be permitted and that no overnight parking of customer vehicles shall be allowed unless parked inside the building, for the following reasons: 1) That the proposed use complies with all special and general waiver use standards and requirements set forth in Section 17.02(a) and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. 10677 Mr. Vyhnalek, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. On a motion duly made by Mr. Kluver and seconded by Mr. Tent, it was #5-106-89 RESOLVED that the minutes of the 576th Regular Meeting & Public Hearings held by the City Planning Commission on April 4, 1989 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Tent, mcCann, Morrow, Engebretson, LaPine, Vyhnalek NAYS: None ABSTAIN: Sobolewski ABSENT: Fandrei Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. LaPine, seconded by Mr. Engebretson and unanimously adopted, it was #5-107-89 RESOLVED that the minutes of the 577th Regular Meeting held by the City Planning Commission on April 18, 1989 are approved. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. McCann and unanimously adsopted, it was 44411' #5-108-89 RESOLVED that, the City Planning Commission does hereby approve Petition 89-4-8-16 by William L. Roskelly for approval of all plans required by Section 18.58 of Ordinance #543 in connection with a proposal to construct an addition to Bingham Service Center located on the south side of Five Mile between Levan and Golfview in the Northeast 1/4 of Section 20, subject to the following conditions: 1) That Site Plan 89-3-10 as revised on 4/30/89 prepared by Basney and Smith, Inc. , is hereby approved and shall be adhered to; 2) That Building Plans shown on Sheets 1 & 2 prepared by Camborne Construction Engineering, Inc. , are hereby approved and shall be adhered to; 3) That Landscape Plan 89-3-10 as revised on 4/30/89 prepared by Basney and Smith, Inc. is hereby approved and shall be installed on site prior to occupancy of the addition. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Kluver and unanimously adopted, it was fir. 10678 #5-109-89 RESOLVED that, the City Planning Commission does hereby approve Petition 89-4-8-17 by Anthony C. Rea for approval of all plans required by Section 18.58 of Ordinance #543 in connection with a proposal to renovate and add to an existing commercial building located on the northwest corner of Five Mile and Middlebelt in the Southeast 1/4 of '41111. Section 14, subject to the following conditions: 1) That the Site and Landscape Plan as revised on 5/8/89 prepared by Anthony C. Rea, Architect is hereby approved and shall be adhered to; 2) That the Building Plan as revised on 5/8/89 prepared by Anthony C. Rea, Architect is hereby approved and shall be adhered to; 3) That this approval is subject to the petitioner obtaining a variance from the Zoning Board of Appeals at its meeting of May 23, 1989. 4) That window signage be limited to 25% of window area. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #5-110-89 RESOLVED that, the City Planning Commission does hereby approve Petition 89-4-8-18 by Barry and Murray Foreman for approval of all plans required by Section 18.58 of Ordinance #543 in connection with a proposal to renovate and add to an existing commercial building located on the southwest corner of Eight Mile and Inkster in the Northeast 1/4 of Section 1, subject to the following conditions: 1) That the Site and Landscape Plan prepared by Barry and Murray Foreman is hereby approved and shall be adhered to; 2) That the Building Plan prepared by Barry and Murray Foreman is hereby approved and shall be adhered to; 3) That landscaping shown on the approved plan be installed on site upon completion of the building addition. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 578th Regular Meeting and Public Hearings held on May 9, 1989 was adjourned at 12:00 p.m. CITY PLANNING COMMISSION gita f1( C. McCann, Secretary 0.X.0Loac....,) ATTEST. J Donald Vyhna�ek, Chairman jg