Billy's Bagels owner denied permission to add drive-thru at planned Ypsilanti Township coffee shop
A drive through bagel and coffee shop planned for the southeast corner of Whittaker Road and Huron River Drive is great for the intersection, officials said. Just not with a drive thru.
That’s what the Ypsilanti Township Planning Commission told Billy’s Bagels owner Billy Salamey this week when rejecting a proposal for the restaurant. But without the drive-thru, Salamey, who has already invested roughly $200,000 in the project, is reconsidering opening the shop.
At issue is that the land use conflicts with the township’s master plan, which does not allow for a drive-thru restaurant at that corner. The site includes two combined parcels - a 0.25 acre lot at the corner zoned D1 local business and 0.7 acre lot to the south zoned for office service.
Debris remains on the property from an abandoned mechanic's shop that was recently demolished.
Tom Perkins | For AnnArbor.com
An abandoned mechanic shop, which also isn’t permitted under the current zoning, has been on the corner since the late 1990s. Salamey, whose TMS Properties is pursuing the project, asked the planning commission to consider substituting one non-conforming land use for another non conforming land use - Billy's Bagels.
Township attorneys advised the planning commission that the mechanic shop is not considered a non-conforming land use because it has long been abandoned and is condemned. There must be a qualifying existing non-conforming land use on the property to allow for a substitution.
The planning commission unanimously voted down the proposal 6-0.
Assistant Township Attorney Angela King said the area “clearly is not designed for a drive thru restaurant” and the land must be rezoned to allow for one. Spot zoning one property is illegal under state law, and rezoning issues must go before the township Board of Trustees.
Salamey - who also owns Budget, Stadium and Glen Ann Towing - called the situation “a little disappointing.”
He said he already spent $60,000 on one parcel of land and has a $300,000 land contract to purchase the other parcel. Additionally, he has paid to have the existing structure demolished, gone through the planning process and taken care of other pre-development issues.
Salamey estimated investing around $1 million to open the restaurant and planned to sell coffee, bagels, donuts and ice cream. He expected the shop would be open from 5 a.m. to 10 p.m. and employ eight to 12 people. He said the shop would be cheaper than a Starbucks and have an atmosphere closer to a Dunkin' Donuts, but with WiFi.
The drive thru would be an asset and provide a significant boost on a strip where some businesses aren’t doing well during the recession, Salamey said. He also pointed to an adjacent bank, credit union and structure under construction that have or will have drive thrus.
“One would think if everyone in the neighborhood has a drive thru, it would be a permitted use,” he said. “Why would I want to go and open up something that’s going to struggle when, realistically, I’m not asking for anything more than what my neighbors have.
“You would want to have a sustainable, viable business on that strip instead of just another one that’s struggling.”
Township attorney Dennis McClain said the two businesses are different.
“The problem is comparing a drive0thru restaurant to a drive- thru bank isn’t comparing apples to apples, it’s comparing apples to oranges because of traffic issues,” he said.
King explained township officials have zoned out drive-thru restaurants in that area because they fear too many will pop up.
“They didn’t want to create another Washtenaw Avenue corridor with a bunch of fast-food restaurants dominating the area,” she said.
Looking northeast across the site where the planned drive through bagel shop would be built.
Tom Perkins | AnnArbor.com
Located directly across the Whittaker Road to the west is Primo Coffee, which sells coffee, pastries and bagels. Robert Phillips, owner of the nearby Stoney Creek Coney Island, spoke against the idea of more restaurants in the area during public comment at the planning commission’s September meeting.
Salamey is also upset because he said he told township officials from the outset that his plans included a drive thru, but no one told him it would be a problem. Now he has invested $200,000 for a project that isn't allowed.
“How come nobody thought of it until the site plan was put in front of them?” he asked. "That's a tough pill to swallow."
Joe Lawson, Ypsilanti township's planning coordinator, said township officials never said a drive through was okay, but did say that they would explore the possibility.
"Through the review process it came up that it wasn't feasible or legal," Lawson said. "Nothing was promised or guaranteed. It was something we said we would look into and we did."
Township officials have invited Salamey to meet with them and their attorneys to discuss alternate ideas, but he underscored a successful bagel and coffee shop on the corner needs a drive thru. He said customers don’t want to come in and sit down like they used to.
“Nobody has got time for that anymore,” he said. “The days of sitting around and having six cups of coffee at the barstool are gone. For me to go ahead and drop $1 million to put up a struggling business would be pointless.
"I don’t know what my options are. I don’t know what to do now.”
Salamey questioned why the township would restrict a new business given the economic climate.
“We’re in a recession and you have someone who's willing to come into the township, bring jobs, beautify the intersection, put up a business - you think they would embrace it, but instead they turn us down completely," he said. "I don’t know how they can be pro-business when they had the opportunity to do the right thing."
Lawson the bottom line is the planning commission is legally unable to approve the proposal that went before it, but he said the township is looking for a way to help the project move forward.
"Currently we have no mechanism to be able to make an exception," he said. "In terms of coming up with another idea, we’ve gone over several possible options and we're still exploring other options to see if we can make it work."
Comments
ST
Mon, Nov 1, 2010 : 11:23 a.m.
This is a website that you can report the Kroger/whittaker Rd intersection as needing a traffic light: See Click Fix Heritage.com and SeeClickFix.com have partnered in an effort to empower area residents by providing an interactive tool to help them report non-emergency, quality-of-life issues. How it works... 1. Navigate to area where the issue you want to report is located on the map below. (Use the controls in the upper left corner to move the map around the window or zoom in and out.) 2. After you see your spot, click it. 3. Fill out the form that shows... you can also upload a photo. Click "save."
obviouscomment
Sat, Oct 30, 2010 : 7:50 p.m.
"the townships master plan"...apparently the township's master plan is to have a shopping center that has been there for about 8 years and has never been fully occupied and half the spaces have a turn-over rate like revolving doors. "Located directly across the Whittaker Road to the west is Primo Coffee, which sells coffee, pastries and bagels."...primo is not a bagel shop, it's an over-priced coffee shop for "starbucks-like" customers that also happens to serve a small variety of pastries...not the same and shouldn't be compared to the idea for Billy's Bagels. I would welcome an inexpensive alternative for a quick coffee/snack. "Robert Phillips, owner of the nearby Stoney Creek Coney Island, spoke against the idea of more restaurants"...why? because he's afraid of a little competition? i doubt that a drive-thru bagel/coffee shop would be much competition for his place. the area doesn't have enough competition, except for coney island restaurants (there are 3 coney island restaurants within a 1-2 mile stretch...maybe that's another part of the township's elite master plan) and finally: "They didnt want to create another Washtenaw Avenue corridor"...that's exactly what the area needs, businesses for all the people that live out there and have to drive all the way to rawsonville or washtenaw. I understand the traffic issue, but maybe they could make an access road or something, since they're so in to spending ridiculous amounts of money on needless road construction (should i bring up the roundabout?).
AlphaAlpha
Sat, Oct 30, 2010 : 3:23 p.m.
"Perhaps the plan should be changed..." No way. Everything is proceeding exactly according to plan. Uh, isn't it?
glimmertwin
Sat, Oct 30, 2010 : 12:10 p.m.
It might seem that way, but a few years ago everyone was invited when the master plan was revised. The township held multiple, open forums at various locations throughout the township at varying days so people could attend. I went to one of them. The opportunity to modify or suggest changes was then. Perhaps the plan should be changed, but you can't selectively enforce it. That isn't fair for all of those that are living by it now.
glimmertwin
Sat, Oct 30, 2010 : 11:48 a.m.
It might seem that way, but a few years ago everyone was invited when the master plan was revised. The township held multiple, open forums at various locations throughout the township at varying days so people could attend. I went to one of them. The opportunity to modify or suggest changes was then. Perhaps the plan should be changed, but you can't selectively enforce it. That isn't fair for all of those that are living by it now.
Basic Bob
Sat, Oct 30, 2010 : 11:30 a.m.
It seems like the township's master plan is to keep things the way they are, with abandoned gas stations on every major intersection. - Michigan & Hewitt - Michigan & Washtenaw - Whittaker & Huron I'm sure there's a half a dozen more.
JimB
Sat, Oct 30, 2010 : 11:27 a.m.
The Township led him on, it sounds. But they may be doing him a favor since a $1 million investment in coffee and bagels won't provide any real ROI; even if he is his own landlord. He would just be setting up the next tenent for success after he closes his doors.
Greggy_D
Sat, Oct 30, 2010 : 10:03 a.m.
>>> i tried to turn north out of kroger parking lot one evening this week (7pm-ish). i sat there for 10 minutes Turn south and use the roundabout. Save yourself the headache.
AlphaAlpha
Sat, Oct 30, 2010 : 9:57 a.m.
"the land use conflicts with the townships master plan" Oh, the humanity...
belboz
Sat, Oct 30, 2010 : 9:22 a.m.
I feel for him, but the problem becomes the township is picking favorites if they give him a variance. If he succeeds, it will be at someone else's expense. The business isn't going to bring new people into the area. It is going to feed existing people, who go to other establishments. Because those establishments live by the zoning plan, they will be punished, and then they will be the ugly corner. It becomes a case of musical chairs - or musical empty buildings. Projects like this won't revitalize the area. It will take companies moving into the area and new families moving in. "Revitalization" is just a word to try and get people on your side. There is a fixed amount of entertainment and food dollars spent in the area. We need to grow that - through trade barriers so companies build here - and quit thinking drive through restaurants are revitalization tools.
glimmertwin
Sat, Oct 30, 2010 : 9:22 a.m.
>>> i tried to turn north out of kroger parking lot one evening this week (7pm-ish). i sat there for 10 minutes Turn south and use the roundabout. Save yourself the headache.
BigMike
Sat, Oct 30, 2010 : 9:09 a.m.
Sorry, Ypsi, I have to go with Salamey on this one. You guys should be doing back flips to get businesses to open in that area. Give him the drive thru!
sbbuilder
Sat, Oct 30, 2010 : 8:38 a.m.
Either Mr Salamey was rolling the dice from the beginning, hoping that approval would eventually come through, or the planning commission was very dilatory in not reviewing the initial plan. Normally, you cannot begin any work, including demolition without an approved plan. Somebody screwed up, and that somebody probably isn't Mr Salamey. How's the towing business? Seems like that's doing just fine. Perhaps he should stick with a proven money maker.
TT
Sat, Oct 30, 2010 : 8:16 a.m.
Sounds like ameture zoning and other officials over there need to pursue other employment before they trash further opportunities for recovery in the area. Time to get folks in there with a measure of guts who get the job done and who know what they are doing.
dading dont delete me bro
Sat, Oct 30, 2010 : 7:38 a.m.
a big THANK YOU mr.salamey for cleaning up that eyesore of a corner. that entire area is going to need an overhaul traffic wise. i tried to turn north out of kroger parking lot one evening this week (7pm-ish). i sat there for 10 minutes before i could pull out...and i've got a hemi.
glimmertwin
Sat, Oct 30, 2010 : 7:24 a.m.
Rereading this article there is something about it that really bothers me. This was voted down 6-0. There is no way the township could not have known that this was going to be rejected. If they wavered or misled Mr. Salamy, like he is claiming, than shame on them. I wouldn't have paid that fact much attention, except I know this exactly what has happened in the past with others attempting to build in the township. When a township official says "we said we would look into it", that sounds like what a five year old kid says when he changes his mind about sharing a toy with a sibling. Ann Arbor might be able to get away with pulling the rug out on developers, but this is Ypsilanti Township. I agree with the zoning denial. But if the township could have been more upfront and saved this guy some money, than they should have done that. If that isn't the case, and Mr. Salamy just moved forward brashly, than live and learn. I hope all the facts come out.
gsorter
Sat, Oct 30, 2010 : 6:50 a.m.
I feel for Salamy. It reminds me a bit of the fight over Zingermans expansion. A local company wamts to take a big risk, invest significant amounts of money locally, hire a bunch of local people, but - denied! One can look at the recent prices at the auctions of the unbuild lots at Wellesly gardens and Uptown Village to see how badly this area is doing. Given all the foreclosures in Ypsi township, I'd think this would have been a slam dunk for the owner.
glimmertwin
Sat, Oct 30, 2010 : 5:26 a.m.
As much as I detest the Township and its legal representation, they got it right on this one. If they allow this, there are numerous lawsuits that will be filed by others that were denied zoning variances and were told "because they don't fit the master plan". One big one I seem to recall is the mobile home park that was denied. You can't have it both ways. The businesses in the shopping center right across the street have to be feeling relieved right now. They have endured, some failing, for the townships terrible planning ever since that shopping center opened. Nice businesses but a pain to frequent simply because of the design of the roads and parking lot. Nobody to blame there but the township.