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HomeMy WebLinkAboutPLANNING MINUTES 1997-10-14 15749 MINUTES OF THE 752nd REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 14, 1997 the City Planning Commission of the City of Livonia held its 752nd Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m.. Members present: James C. McCann Daniel Piercecchi Robert Alanskas John Walsh Elaine Koons Members absent: Michael Hale Messrs. John J. Nagy, Planning Director, and Scott Miller, Planner II, were also present. Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal in writing the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat `ow and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Piercecchi, Secretary, announced that the first item on the agenda is Petition 97-2-8-1 by First Federal of Michigan requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to erect an ATM and construct a new driveway for the bank located at 28999 Five Mile Road in the Northwest 1/4 of Section 24. On a motion by Mr. Piercecchi, Seconded by Mrs. Koons and unanimously approved, it was #10-169-97 RESOLVED that, Petition 97-2-8-1 by First Federal of Michigan requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to erect an ATM and construct a new driveway for the bank located at 28999 Five Mile Road in the NW 1/4 of Section 24 be taken from the table. 15750 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Nagy: There is no new correspondence on this petition. Mr. McCann: Is there any objection from the Commissioners if we allow the petitioner to speak tonight? Petitioner: Mark Winick, First Federal of Michigan, 61001 Woodward, Detroit, 48226 Peter Albertson, Nordstrom Samson Associates, 19853 West Outer Drive, Dearborn, Michigan 48124: I am representing First Federal on this matter tonight. Mr. McCann: The staff has prepared an alternate proposal without the fourth drive. Did you receive a copy of that? Mr. Albertson: We did receive a copy and we discussed it with Mr. Nagy and one other staff member. Mr. McCann: Does First Federal want to change their plans? Mr. Albertson: As we stated last week, we would prefer not to consider that alternate plan. We would like to address the plan we have offered as a reasonable solution to the establishment of an ATM on the site. We've stated basic reasons last week, and what I would like to do is run through those again just to remind ourselves of where we are at. Mr. McCann: Yes, if you can be brief because this is the fourth time we have visited this request and we have limited communication tonight. Mr. Albertson: We are requesting to have a front yard setback reduced to 25' in lieu of the 40'. We've looked at the applicable issues for the location of the ATM in the spot which is addressed on the plan. We feel that the pedestrian traffic pattern is best maintained by this location. We also feel that the vehicular site traffic pattern for primary site functions, as far as parking and ingress, remains basically unchanged. We feel it shows the greatest visibility for receiving the bank function. It also addresses the most viable location for customer safety on the site to for those utilizing the ATM. The location has the least impact on the adjacent neighbors. We believe it maintains and maximizes the parking spaces on the site. Essentially, the parking is not changed as far as the number. We believe that the curb cut that we are requesting on Five Mile is not excessive for a site that is 271' long and only has one curb cut on a primary roadway. I've also reviewed the general waiver requirements in Section 19.06 and I feel that this plan 15751 generally addresses those issues. We discussed those last week, and unless you want me to, I don't think we need to go into the detail of those tonight. Mr. McCann: Considering the site plan alternative, do you still feel that you have a hardship in order to request a variance of the waiver use? Mr. Albertson: I feel that with the alternate site plan that we've discussed in the past, it is my opinion that it still creates two or three areas on the site that we would have excessive cross traffic situation which the site plan does not represent. I also think it adjusts the parking on the site which is not convenient for the utilization of the customers of First Federal. Mr. Piercecchi: I've looked at some of the ATM facilities. For instance the one on Five Mile in front of Comerica. That one is 3-1/2' wide, 4' high and about 3' deep which makes it 40 cubic feet, and you want to house yours in a 10'x8'x4' , 320 cubic feet. Why do you need such a large structure there which could hinder sight (being 10' high) onto Five Mile Road? Mr. Albertson: The structure that is represented there for an ATM is a standard size and type that First Federal uses. The footprint is approximately 4'x10'. The volume on it - the top of the canopy is about 10' to the bottom of the canopy and then it has another 2'. If that's a concern of the Council, what we could do is offer some alternatives to the configuration of the canopy, or the graphics on it, but that's a standard ATM machine that First Federal `r- would prefer to use. Mr. Piercecchi: You also mentioned safety. Are these facilities really a danger for the public to utilize? Mr. Albertson: Most likely not, but in any instance where you are receiving money, there is potential exposure there for someone to come up to the vehicle, we would like that to be in as open a space as possible so you are as visible as possible to give you as much protection as possible. There was no one else wishing to speak on this matter, and Mr. McCann, Chairman, called for a motion. On a motion by Mr. Alanskas, seconded by Mrs. Koons and unanimously adopted, it was #10-170-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 97-2-8-1 by First Federal of Michigan requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to erect an ATM and construct a new driveway for the bank located at 28999 Five Mile Road in the NW 1/4 of Section 24 be denied for the following reasons: 15752 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general standards and requirements as set forth in Sections 18.58 and 19.06 of Zoning Ordinance #543; 2) That the location of the ATM within the front yard setback requirement would have a detrimental effect upon the neighboring properties; 3) That this site is already serviced by an abundance of pavement and driveways and by allowing another curb cut would conflict with the normal flow of traffic of the area; 4) That there is room on the site to accommodate an ATM without putting it within the front yard setback or installing any additional curb cuts, which is illustrated on a drawing prepared by the Planning Department dated October 8, 1997; 5) That the petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents. Mr. McCann: If there is no objection, I would like to have this plan attached as part of number 4. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: This will go on to Council with a denying resolution. On our second item, there's been prior discussion, and if there is no objection, we are going to table this until our next Study meeting. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 97-8-2- 23 by the Salvation Army requesting waiver use approval to operate a second hand store within an existing building located on the north side of Plymouth Road between Sears Avenue and Merriman Road in the SW 1/4 of Section 26. On a motion by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #10-171-97 RESOLVED that, Petition 97-8-2-23 by the Salvation Army requesting waiver use approval to operate a second hand store within an existing 15753 building located on the north side of Plymouth Road between Sears Avenue and Merriman Road in the SW 1/4 of Section 26 be taken from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Nagy: The petitioner has reworked the site plan with respect to trying to comply with the landscape requirements set forth in the Plymouth Road Development Authority's manual for the future landscaping of Plymouth Road. We have prepared such a plan and presented it to the petitioner to review it and he is prepared to indicate to you this evening that he will support the plan. Mr. Miller: As you can see, it incorporates the landscaping in the corner. There is parking in front and along the sides. They have also beefed up the landscaping in the right-of-way. There's existing 2 Maple trees and they have incorporated dwarf Honeysuckle plants along there. Mr. McCann: Is there any maintenance or improvements to the building that was discussed? Mr. Nagy: No. We strictly dealt with the site plan. Mr. McCann: Is there any objection to allowing the petitioner come forward to speak? Hearing none, will the petitioner please come forward. Craig Singer, 1533 N. Woodward Avenue, Bloomfield Hills, Michigan: I am the agent for the owners of the property, Weingarden Investments. We met with Mr. Nagy this week and the concerns identified at the last meeting with respect to the Plymouth Road Development plan, have been discussed and we would like to ask the Commission to approve our request subject to our implementing the landscape plan as proposed, as well as all of the other items identified in the Building Inspector's letter of September 12. Mr. McCann: All those items will be attended to? Mr. Singer: Yes, they will. Mr. Alanskas: It says in our notes that you would attempt to do these things. Attempt and doing are two different things. Are you going to make those corrections? Mr. Singer: Yes. I didn't think I said that. On a motion by Mr. Walsh, seconded by Mr. Alanskas and unanimously approved, it was 15754 #10-172-97 RESOLVED that, pursuant to a Public Hearing having been held on September 30, 1997 by the City Planning Commission on Petition 97-8-2-23 by the Salvation Army requesting waiver use approval to operate a second hand store within an existing building located on the north side of Plymouth Road between Sears Avenue and Merriman Road in the SW 1/4 of Section 26, the City Planning Commission does hereby recommend to the City Council that Petition 97-8-2-23 be approved subject to the following conditions: 1) That the site deficiencies which are listed in a letter dated September 12, 1997 from the Inspection Department shall be taken care of prior to the issuance of a Certificate of Occupancy; 2) That the site deficiencies which are outlined in a letter dated September 15, 1997 from the Fire Marshal shall be taken care of prior to the issuance of a Certificate of Occupancy; 3) That all landscaped areas shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained and properly watered to maintain all plant material in a healthy condition. For the following reasons: "" 1) That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject sit has the capacity to accommodate the proposed use; and 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Walsh to Mr. Nagy: The plan is that the Plymouth Road Development Authority is going to ultimately pay for the irrigation down the right-of-way all the way down Plymouth? 15755 Mr. Nagy: Exactly; within the public right-of-way. Mr. McCann: We will now begin the Miscellaneous Site Plans section of the agenda. Members of the audience may speak in support or opposition of these items. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Landscape Plan in connection with Petition 96-4-2-15 which received waiver use approval to construct a full service restaurant on property located at 19200 Haggerty Road in the Southwest 1/4 of Section 6. Mr. Miller: This is J. Alexander's Restaurant located on the east side of Haggerty between Seven and Eight Mile. It's part of the Pentagon entertainment complex. They received waiver use approval for the restaurant back in June 1996. Part of the condition of the approval was to bring back a landscape plan for approval of the Planning Commission and the City Council and that's what is before you tonight. The landscape plan shows a nice landscaped theme around the building. Would include low lying shrubbery and annual flowers. Also there is stone type of work where the ground is angled off. Also some trees around the area. Also the parking lot will have ornamental or canopy trees in the parking islands and the greenbelts of the parking lot. Mr. McCann: The petitioner was told he would not have to be here this evening as we reviewed the plan at the Study meeting and there were no problems with the proposed site plan. It looks like they will do a very nice job. There was no one else wishing to speak on this petition and Mr. McCann, Chairman, declared a motion was in order. On a motion by Mrs. Koons, seconded by Mr. Alanskas and unanimously approved, it was #10-173-97 RESOLVED that the City Planning Commission does hereby recommend to the City Council that the Landscape Plan in connection with Petition 96- 4-2-15 which received waiver use approval to construct a full service restaurant on property located at 19200 Haggerty Road in the Southwest 1/4 of Section 6 be approved subject to the following conditions: 1) That the Site Landscape Plan marked Sheet 1 dated 8/22/97, as revised, prepared by Johnson Johnson& Roy Inc. is hereby approved and shall be adhered to; 15756 2) That the Building Landscape Plan marked Sheet 2 dated 8/22/97 prepared by Johnson Johnson & Roy Inc. is hereby approved and shall be adhered to; 3) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4) That underground sprinklers are to be provided for all landscaped and sodded areas and all plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Sign Permit Application by Mohmmad Chahrour, on behalf of Citgo, requesting approval for signage for the gas station located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11. Mr. Miller: This site is located on the southwest corner of Seven Mile and Middlebelt and the petitioner has recently received site plan approval to construct a new gas station/convenience store on the site. It is presently at the Council level seeking approval. They are requesting approval of signage. They are allowed one ground sign at 40 sq. ft., 12' high. They are proposing one at 12' high and 32 sq. ft., so its a conforming sign. They are also allowed wall signage including the canopy logo signs and on the building not to exceed 100 sq. ft. They are proposing 2 logo signs for the canopy at 9 sq. ft. each, so they have a total of 18 sq. ft., so they are well below what they are allowed. It's a conforming sign package. Mr. McCann: Again, it is a conforming sign package, it's below minimum standards, therefore the petitioner was told he would not have to be here this evening. There was no one else wishing to speak on this petition and Mr. McCann, Chairman, declared a motion was in order. On a motion by Mr. Walsh, seconded by Mrs. Koons and unanimously approved, it was #10-174-97 RESOLVED that, The City Planning Commission does hereby recommend to the City Council that the Sign Permit Application by Mohmmad Chahrour, on behalf of Citgo, requesting approval for signage for the gas station located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11 be approved subject to the following conditions: 15757 1) That the Sign Package submitted by Mohmmad Chahrour as received by the Planning Commission on October 2, 1997 is hereby approved `'" and shall be adhered to; 2) That the signage shall not be illuminated beyond one hour after the gas station closes. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 752nd Regular Meeting held on October 14, 1997 was adjourned at 7:50 p.m. CITY PLANNING COMMISSION C . 4 c t.s'�JLC_. Dan Piercecchi, Secretary ATTEST: - (.._ James C. McCann, Chairman ll / /du