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HomeMy WebLinkAboutPLANNING MINUTES 1997-02-04 15369 MINUTES OF THE 738th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 4, 1997 the City Planning Commission of the City of Livonia held its 738th Regular Meeting& Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m., with approximately 35 interested persons in the audience. Members present: James C. McCann Robert Alanskas Daniel Piercecchi Patricia Blomberg John Walsh Messrs. John J. Nagy, Planning Director; H. G. Shane, Ass't. Planning Director; and Scott Miller, Planner I, were also present. Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the '�•► resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Alanskas, Secretary, announced the first item on the agenda is Petition 97-1-1-1 by Danny Veri requesting to rezone property located on the east side of Newburgh Road, south of Ann Arbor Trail, in the Southwest 1/4 of Section 32 from RUF to R-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating their office has no objections to this rezoning proposal. Mr. McCann: Would the petitioner please come down and give us your name and tell us what you are intending to do. Danny Veri, 18442 Van Road: What we would like to do with this property is put in a residential cul-de-sac. R-1 zoning is 60' x 120', which you all know. The lots would be a little larger than that based on the size of the 15370 parcel. We would be able to accommodate seven lots the way the property stands with an R-1 zoning. The cost factor of crossing Newburgh for some of the utilities and things like that is the reason `" why we are petitioning for R-1 lots to make it more feasible rather than a little bit larger zoning. That is what our intent is. Mr. Piercecchi: I realize we do not have site plans here or plat layout but were you planning on putting a road down the middle? Mr. Veri: Actually not right down the middle. It would be a little more to the north. There would be a greenbelt area to the north up to the RUF and then the road, which is just a cul-de-sac, and then the lots would be on the south side and wrap around the east side. Mr. Piercecchi: What size greenbelt were you contemplating? Mr. Veri: We need 60 foot for road right-of-way. That leaves approximately a 32 foot greenbelt on the north side. Mr. Alanskas: Mr. Veri, what parts of the homes would be facing Newburgh Road? Mr. Veri: Just one side. Mr. McCann: The property directly to the north of this, have you had discussions ... with any of the owners? Mr. Veri: Yes, we actually presented two offers to her. One of them is to purchase the north 95 feet. This way we would then be able have lots on both sides. We also offered to purchase her whole parcel and have a larger cul-de-sac. At this time, we spoke to her last about two weeks ago and she said she was not interested in selling her whole piece. However, she is considering the back, but as of today she still did not give us a yes. That ultimately would be our goal. Mr. McCann: I assume then your design that you are proposing takes into account receiving the 95 feet? Mr. Veri: No. The way it stands right now our design is just with what we have. However, if we do acquire her 95 feet, it can tie directly into our piece the way it is laid out. Mr. Piercecchi: That 95 feet, is it parallel to your property? Mr. Veri: See that dash line on the lot on Newburgh. Take that dash line all the way across. 15371 Mr. Piercecchi: There is a City lot there also. Mr. Veri: Right. We are in the process of trying to acquire that too. We have put in a couple of offers to her and hope to acquire the City piece and tie it all in together and then they would have homes on the north side. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? Paul Stanko, 9418 Eastwind: I am the President of the condominium association located directly across the street. There are several of us here from the condominium complex that are concerned that if this is developed and the homes are built here, our driveway right now exits out onto Newburgh at that location and it is very congested already at that intersection, and if this were to be developed with several single family homes on smaller lots, for one thing we are afraid it would be extremely congested to the point where it will either cause accidents or cause great delays in getting out of our driveways. If the developer is successful in obtaining property north of this, which is what I am hearing tonight, this is the first time I heard that, and wants to add a second string of homes in there, we are talking about many more homes in there and more vehicles trying to exit out onto Newburgh Road. New Mr. McCann: We understand, but you also have to understand there are multiple uses that could go there and it could be much more intense than residential. Generally we look at residential as being one of the smaller uses. Mr. Stanko: Further south on Newburgh Road they are building single family homes there now. We would much rather see a couple of single family homes go in there as opposed to a subdivision type of development. Charles Siebert, 9427 Westwind: The thing we were asking about too is the typical price range of the homes that are going to go in there. Mr. McCann: Sir, do you have an estimate: Mr. Veri: Based on what the lots would run, between $180,000 to $200,000, all brick on the first floor. Mr. Siebert: We are just trying to keep the value up for the City and for ourselves too. Mr. Veri: That is what our intent is. 15372 Mr. Siebert: Has your layout been looked at by the Fire Department? ``w Mr. McCann: This is just a change of zoning not for a preliminary plat. Mr. Siebert: So they will be all brick buildings? Mr. Veri: Yes, the first floor will be all brick. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 97-1-1-1 closed. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and unanimously approved, it was #2-16-97 RESOLVED that, pursuant to a Public Hearing having been held on February 4, 1997 by the City Planning Commission on Petition 97-1-1-1 by Danny Veri requesting to rezone property located on the east side of Newburgh Road, south of Ann Arbor Trail, in the Southwest 1/4 of Section 32 from RUF to R- 1, the City Planning Commission does hereby recommend to the City Council that Petition 97-1-1-1 be approved for the following reasons: 1) That the proposed change of zoning is consistent with the Future Land Use Plan designation of"Medium Density Residential"land use for the subject Now property; 2) That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 3) That the proposed change of zoning will provide for single family residential land use for the subject property consistent with other similar development in the surrounding area; and 4) That the proposed change of zoning will encourage the rezoning and use of adjacent property in a consistent manner. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance#543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-12-2-31 by Yer Yang and Kao Yang requesting waiver use approval to operate a limited 15373 service restaurant in the L.A. Plaza Shopping Center located on the south side of Plymouth Road between Levan Road and Yale Avenue in the Northeast 1/4 of Section 32. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received letters from the Fire Marshal and Traffic Bureau stating their offices have no objections to this proposal. We also have a letter from the Inspection Department stating the drive area behind unit 36139 is in need of repair. Lastly, we have received a letter from Konrad Stauch of Stauch, Arabo, Dickow and Ward, P.C. stating it is their understanding that there appears to be some broken asphalt behind Unit 36139 Plymouth Road. Please be advised that I will repair that in the Spring, as soon as weather permits. Mr. McCann: Would the petitioner please come forward and give us your name and address. Yer Yang, 29840 Quinkert Street, Roseville: My brother, Kao Yang, is with me. My brother and I decided to start a business. The food we will be serving is Thai food. Basically the food is a little bit spicy. The unit is between the Secretary of State and another empty unit. We have permission from the owners of the property and they say it is OK as long as the �.. City also says it is OK. Mr. Alanskas: Sir, when you walk in is the kitchen going to be in the very back? Mr. Yang: Yes in the back. Mr. Alanskas: Are you going to have fryers in there? Mr. Yang: Yes. Basically we are going to have a deep fry, and the deep fry is going to be used for egg rolls and chicken wings. Mr. Alanskas: Is that going to be all new equipment put in there? Mr. Yang: Yes all new equipment. Everything is going to be completely new. Mr. Alanskas: Where is your dumpster going to be? Mr. Yang: I don't know yet because the owner said he will provide it for me and he hasn't designated to me where the dumpster is going to be. 15374 Mr. Alanskas: There are two on one end but it is pretty far from where you are going to be. That is why I am wondering where your dumpster location is going to be. Mr. Yang: I don't know yet. There was no one else present wishing to be heard on this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-12-2-31 closed. On a motion duly made by Mr. Alanskas, seconded by Mr. Walsh and unanimously approved, it was #2-17-97 RESOLVED that, pursuant to a Public Hearing having been held on February 4, 1997 by the City Planning Commission on Petition 96-12-2-31 by Yer Yang and Kao Yang requesting waiver use approval to operate a limited service restaurant in the L.A. Plaza Shopping Center located on the south side of Plymouth Road between Levan Road and Yale Avenue in the Northeast 1/4 of Section 32, the City Planning Commission does hereby recommend to the City Council that Petition 96-12-2-31 be approved subject to the following conditions: 1) That the proposed restaurant shall be limited to no more than 30 customer seats; and 2) That the broken asphalt located behind the subject building shall be repaired to the satisfaction of the Inspection Department prior to final inspection. for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site 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. 15375 Mr. Piercecchi: I think this is a fine opportunity here to utilize some vacant commercial land that we have. We all know that the major source of deterioration Newof the City is empty commercial sites, and this is a specialty shop. It is going to be a limited-service restaurant, and I don't see any competition with any of the other restaurants so I think it is a great idea. Mr. McCann: It will add an interesting mix to the City. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-12-2-32 by Chen Jian Zhong requesting waiver use approval to operate a full service restaurant in an existing building located in the Civic Center Plaza on the south side of Five Mile Road, west of Farmington Road in the Northeast 1/4 of Section 21. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to this waiver use proposal. We have also received a letter from the Fire Marshal stating his office has no "tar objection to this proposal. The Traffic Bureau also has no objections to this proposal. We have also received a letter from the Inspection Department stating the following problems were found to exist at the site: 1. Several doors on the rear of the building have surface rust and need to be repainted. 2. The mansard soffit area needs minor repair at the seams of the sheathing. 3. All abandoned electrical wall sign connections need to be properly terminated. 4. The parking and rear service drive areas need to be repaired, re-sealed and restriped. 5. Trash needs to be contained within the provided dumpsters. We have also received a letter from David M. Fried, an attorney with the law firm of Fried, Watson& Bugbee, stating he is writing on behalf of Parkview Memorial Association, the owner of the Parkview Memorial Cemetery at 33901 Five Mile Road. He states Parkview Memorial Association protests the proposed request because of the adverse effect it would have on its property. It is well known that restaurants emit odors that can have an adverse effect on adjacent properties; in this case, visitors to the Parkview Memorial Association Cemetery. 15376 Mr. McCann: Is the petitioner here this evening? ,,,,., Zhi Yuan Liu, 3467 Gettysburg Rd., Ann Arbor, 48105: I am here on behalf of the owner of the proposed restaurant. Mr. McCann: Can you tell us a little bit about the restaurant? Mr. Liu: The proposed restaurant is to be a full service Chinese restaurant. We will have 98 seats and six employees. We will have buffet and also have menu pickup. Mr. McCann: Is the landlord with you tonight? Mr. Liu: I talked with the landlord and she said she had some other commitment and could not be here. Mr. Nagy: We do have a letter from the landlord addressed to the department. It states as Agent for Livonia Civic Shopping Plaza Associates (owners of the above captioned property), I have been asked to write this letter on their behalf addressing the five problems identified in David M. Woodcox's letter to John J. Nagy, dated January 16, 1997. Please be advised, it is the owner's intent to cooperate with the City of Livonia, and resolve the items on the attached memo as follows: Number Description Estimated Completion Date 1. Repaint several doors with May 31, 1997 surface rust. (weather permitting) 2. Minor repairs to mansard May 31, 1997 soffit. (weather permitting) 3. Terminate abandoned February 28, 1997 electrical wall sign connections 4. Repair to parking and rear July 31, 1997 service areas, reseal and restripe. 5. Trash contained within Property Manager working provided dumpsters. on issue with Tenants and waste service company. Also work- ing to resolve unauthorized dumping problem caused by outside individuals. 15377 I trust this will satisfy the City of Livonia's requirements. As indicated ,� above, several of the items cannot be completed until spring. I have also attached copies of invoices for parking lot repairs completed in 1996 at the shopping center totaling $20,069. This was signed by Michael G. Kalil, Manager. Mr. Alanskas: Sir, I understand that you have another restaurant called the Bamboo Restaurant? Mr. Liu: Yes he has another Chinese restaurant, Bamboo Garden in Belleville. Mr. Alanskas: How many seats do you have in that restaurant? Mr. Liu: Also 98 seats. Mr. Alanskas: How many employees? Mr. Liu: Six in the kitchen. Mr. Alanskas: On your site plan you mentioned that you had 98 seats and six employees. Can six employees take care of 98 customers at one time? Mr. Liu: According to his experience yes. Mr. Alanskas: The six includes the cooks and the waitresses, etc.? Mr. Liu: No six just work in the kitchen plus waitresses. Mr. Alanskas: That is more understandable. There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-12-2-32 closed. On a motion duly made by Mrs. Blomberg, seconded by Mr. Alanskas and unanimously approved, it was #2-18-97 RESOLVED that, pursuant to a Public Hearing having been held on February 4, 1997 by the City Planning Commission on Petition 96-12-2-32 by Chen Jian Zhong requesting waiver use approval to operate a full service restaurant in an existing building located in the Civic Center Plaza on the south side of Five Mile Road, west of Farmington Road in the Northeast 1/4 of Section 21, the City Planning Commission does hereby recommend to the City Council that Petition 96-12-2-32 be approved subject to the following conditions: 15378 1) That the proposed restaurant shall be limited to no more than 98 customer seats; and 2) That the site and building maintenance items referred to in a letter dated January 16, 1997 from the Inspection Department shall be corrected prior to final inspection. for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site 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. Alanskas, Secretary, announced the next item on the agenda is Petition 96-11-6-8 by the City Planning Commission to determine whether or not to amend Article XXXI, Section 31.03 of the Zoning Ordinance so as to prohibit overnight camping in NP zoning districts. Mr. Nagy: Mr. Nagy, could you give us a brief history on this amendment. Mr. Nagy: Within the Nature Preserve the idea is to allow you to experience the area by normal means of transversing the area by walking through the area, but it is to prohibit the actual construction of campgrounds on a permanent basis to allow less adverse affects to the nature area that would occur by extended-stay type of camping. Mr. McCann: This limits it to all overnight camping? Mr. Nagy: Correct. 15379 Mr. McCann: I will go directly to the audience because this is a Planning Commission petition. If there is anyone in the audience wishing to speak for or Nowagainst this petition, please come down. There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-11-6-8 closed. On a motion duly made by Mr. Walsh, seconded by Mrs. Blomberg and unanimously approved, it was #2-19-97 RESOLVED that, pursuant to a Public Hearing having been held on February 4, 1997 by the City Planning Commission on Petition 96-11-6-8 by the City Planning Commission to determine whether or not to amend Article XXXI, Section 31.03 of the Zoning Ordinance so as to prohibit overnight camping in NP zoning districts, the City Planning Commission does hereby recommend to the City Council that Petition 96-11-6-8 be approved for the following reasons: 1) That the proposed language amendment will provide more control over the use of Nature Preserves in the City; and 2) That the proposed language amendment will insure that the use of Nature Preserves will be severely limited so as to provide for their continued preservation in a natural state. Now FURTHER RESOLVED that, notice of the above public hearing was given in accordance with Section 19.05 of Ordinance #543, as amended Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-12-6-9 by the City Planning Commission to determine whether or not to amend the Zoning Ordinance regarding site condominium developments. Mr. McCann: Again, this is a City Planning Commission petition. Mr. Nagy, if you could give us the history of this item. Mr. Nagy: This will create a new section within the Zoning Ordinance to set requirements and standards for the development of property pursuant to the condominium form of ownership when developing property whereby one would convey property pursuant to a condominium form with a master deed with the appropriate condominium association requirements and thereafter the land would have to be developed consistent with the subdivision improvement control ordinance of the 15380 City of Livonia to give the City more control over the development of the property as well as the dwellings and buildings that would ultimately be located on the property. It will set new sections and requirements and standards and make them a part of our zoning ordinance. There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-12-6-9 closed. On a motion duly made by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #2-20-97 RESOLVED that, pursuant to a Public Hearing having been held on February 4, 1997 by the City Planning Commission on Petition 96-12-6-9 by the City Planning Commission to determine whether or not to amend the Zoning Ordinance regarding site condominium developments, the City Planning Commission does hereby recommend to the City Council that Petition 96-12-6-9 be approved for the following reasons: 1) That the proposed language amendment is needed so as to provide for standards and requirements in the Zoning Ordinance covering site condominium developments; 2) That the proposed language amendment will provide standards and requirements for site condominium development pursuant to State regulations; and 3) That the proposed language amendment will insure that the City can properly control the location and nature of site condominium developments. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with Section 19.05 of Ordinance#543, as amended Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Preliminary Plat Approval for Lakeside Estates Subdivision No. 2 proposed to be located on the north side of Ann Arbor Trail between Stark and Farmington Roads in the Southeast 1/4 of Section 33. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. 15381 Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to this proposal but they will require a turn- around at the end of Trillium Court as well as appropriate dedications of Ann Arbor Trail. We have also received a letter from the Traffic Bureau stating their office has no objections to the preliminary plat as submitted. Also in our file is a letter from the Fire Marshal stating he has no objection to the development of this subdivision but will require the following: Provisions to turn emergency vehicles around at the dead (west) end of Trillium Court. If"T" or "L"turn around is provided in lieu of a cul-de-sac, it shall be posted "Fire Lane-No Parking" per City ordinance. - Adequate hydrant placement to service the subdivision. Mr. McCann: Would the petitioner please come forward. Leo Soave, 34822 Pembroke: What we propose is a five lot subdivision. The plan is to keep all the trees. The price of the homes would be from $200,000 to $225,000, all brick, full basement. I will answer any questions. Mr. Piercecchi: Mr. Soave how are people going to get to these new homes? Mr. Soave: We will extend Trillium Court to the west. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition? William Roskelly, 33177 Schoolcraft? I was the design engineer on the first portion and I will be on the second one. To just comment on Mr. Clark's suggestion or demand, we will have a "T"turn around that will satisfy the Fire Department as well as any emergency vehicles. It is really just a small extension of the existing sub. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on the Preliminary Plat for Lakeside Estates Subdivision No. 2 closed. On a motion duly made by Mrs. Blomberg, seconded by Mr. Walsh and unanimously approved, it was 15382 #2-21-97 RESOLVED that, pursuant to a Public Hearing having been held on February 4, 1997 by the City Planning Commission on Preliminary Plat Approval for Lakeside Estates Subdivision No. 2 proposed to be located on the north side of Ann Arbor Trail between Stark and Farmington Roads in the Southeast 1/4 of Section 33, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Lakeside Estates Subdivision No. 2 be approved subject to the following condition: 1) That the Preliminary Plat be revised so as to provide for a turn-around at the easterly end of the proposed street serving the lots as recommended by the Fire Marshal and the Engineering Department. for the following reasons: 1) That the proposed Preliminary Plat is drawn in compliance with all of the standards set forth in the Zoning Ordinance and Subdivision Rules and Regulations. 2) That no reporting department has objected to the approval of the Preliminary Plat; and 3) That the Preliminary Plat is in compliance with good planning principles. FURTHER RESOLVED that, notice of the above hearing was sent to the ,iimw abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notices have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and the Parks and Recreation Department. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-9-2-27 by Professional Engineering Associates requesting waiver use approval to construct a motel facility on property located on the east side of Middlebelt Road between Plymouth Road and the CSX Railroad in the Southwest 1/4 of Section 25. Mr. McCann: We need a motion to remove this from the table. On a motion duly made by Mr. Piercecchi, seconded by Mr. Walsh and unanimously approved, it was 15383 #2-22-97 RESOLVED that, Petition 96-9-2-27 by Professional Engineering Associates requesting waiver use approval to construct a motel facility on property located on the east side of Middlebelt Road between Plymouth Road and the CSX Railroad in the Southwest 1/4 of Section 25, be taken from the table. Mr. McCann: I understand we do have some new plans. Mr. Nagy: We have received new plans but we also have a letter from the petitioner indicating that upon hearing the concerns of your office and commission members regarding the exterior of our proposed Crossland Inn, we have decided to change our building exterior to an all-brick finish. This change will be expensive but it will be worth the money if it improves our concept's appeal to the Planning Commission, our neighbors and the City Council. The site on Middlebelt Road is very important to ESA and we are anxious to become a member of your community. The revised elevations, as well as a conceptual line of sight drawings, will be in your office by Tuesday morning. We thank you for your consideration. Please call with any questions or concerns. That was signed by Todd Turner, Vice President of Extended Stay America. Mr. McCann: Scott could you present the revised site plans. (Mr. Miller presented the revised site plans) Mr. Miller: They are proposing a three-story building in an "L" shape. They will have a 40 foot greenbelt in the area before the parking lot starts so you will have a 40 foot greenbelt area between this site and the residential to the east. There will also be landscaping between the site and McDonald's and also some landscaping between the commercial site to the south. Mr. McCann: Normally the entrance doors on hotels have windows next to them. Can you tell from the drawings if there are any windows facing the neighbors? Mr. Miller: There are windows next to the doors but it is about 240 feet from the residential. Mr. Piercecchi: The 240 feet from the catwalk to the lot line, it is a long way so it is much better than the original plan with the building right on Haller where they can look right in on the people. I don't see any objection to the residents on Haller. However, it is three stories and three stories will, if it is approved here, require ZBA approval. 15384 (Mr. Miller presented the elevation plans) ,W, Mr. Miller: The letter states it will be all brick so these elevations will be changed when it goes to Council. Mr. McCann: Mr. Nagy, there were also letters requested from the Fire Marshal and Inspection Department regarding a wood structure versus a masonry and steel structure. Mr. Nagy: We do have those reports. The Building Department sent a response to our inquiry to compare the frame construction, which is permitted by B.O.C.A. code, versus solid masonry steel. In their letter of February 4 they state pursuant to our request the Inspection Department has reviewed the building code with respect to the proposed Crossland Inn. Although masonry, concrete and steel structures are superior to frame construction, the building code will allow frame construction for this type of building (hotels and motels), provided the proposed building meets the height and area limitations of the currently adopted edition of the B.O.C.A. National Building Code. This department will be conducting a complete plan review to determine if the proposed building complies with the building code requirements prior to the issuance of any building permits. This letter was signed by David Woodcox, the Senior Building Inspector. The Fire Marshal in response to the same letter indicates comparing the fire safety of wood frame construction to that of masonry and steel construction concerns issues relative to occupancy and size (height and area) of structures. Existing building code(s) takes these issues into account but only in terms of what the "minimum requirements" are. Typically, residential districts of the City are of wood frame construction. After-fire investigations have revealed the adequacy of "property protected"wood frame construction. However, it has also revealed how fire has rapidly extended through unprotected frame construction, concealed spaces and other openings in wood frame construction, i.e., for pipes, plumbing, electrical and HVAC systems. Some of these openings are not required to be "fire stopped"by current codes. With minimal information supplied, it appears that the BOCA building Code, 1993 issue, allows for frame construction of R-1 use group(s) (motels) within the height and area limitations of the proposed structure. However, this division does not support "balloon"wood frame construction for any structure. Further, the proposed (revised) 3rd story and increased occupant load increases the potential for adverse fire and life safety problems. What is not addressed by the codes is the response times for emergency fire apparatus. In Livonia, it averages approximately 4 minutes. However, prompt notification is 15385 necessary. A hard-wired smoke alarm system for each unit, monitored by a central station, would be a great benefit for a wood frame, 3 story motel. In conclusion, if the wood frame cosntruction is properly protected and an adequate alarm system is provided, fire and life safety problems would be reduced. This letter was signed by Rockney L. Whitehead, Fire Marshal. Mr. Alanskas: John, do we have other facilities like this with frame construction in the City? Mr. Nagy: The Comfort Inn east of Middlebelt on the north side of Schoolcraft,east of the Olive Garden is of frame construction. Mr. Alanskas: We have had no problems there? Mr. Nagy: Correct. Mr. McCann: Have they had a major fire there Mr. Nagy? Mr. Nagy: Not that I am aware of. Mr. McCann: A motion is in order. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and unanimously N" approved, it was #2-23-97 RESOLVED that, pursuant to a Public Hearing having been held on November 19, 1996 on Petition 96-9-2-27 by Professional Engineering Associates requesting waiver use approval to construct a motel facility on property located on the east side of Middlebelt Road between Plymouth Road and the CSX Railroad in the Southwest 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 96-9-2- 27 be approved subject to a height variance being granted by the Zoning Board of Appeals and to the following additional conditions: 1) That the Site and Landscape Plan marked sheet C2-1 dated 2/4/97 prepared by Spitznager, Architects, which is hereby approved, shall be adhered to; 2) That the Building Elevation Plan marked sheet A5.1 dated 2/4/97 prepared by Spitznager, Architects, which is hereby approved, shall be adhered to; 3) That the Lighting and Satellite Dish Detail Plan marked sheet E2.1 dated 2/4/97 prepared by Spitznager, Architects, which is hereby approved, shall be 15386 adhered to and further that the parking lot standards shall not exceed a total height of 20 feet; and 'v` 4) That the landscaping shown on the approved site plan shall be installed prior to final inspection and shall thereafter be permanently maintained in a healthy condition. 5) That a final Sign Plan shall be submitted to the Planning Commission and City Council for approval prior to the issuance of a sign permit. 6) That the exterior of the building shall have an all-brick finish as stated in petitioner's letter dated January 31, 1997. 7) That a hard-wired smoke alarm system, monitored by a central station, shall be installed for each unit. for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2) That the subject site 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. Walsh: I would like to commend the petitioner for responding to our several concerns. I think this turned out to be a very nice project for that piece of property. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-11-1-24 by Marvin Walkon, agent for Rest Haven Memorial Park, Inc., requesting to rezone property located on the northeast corner of Six Mile and Middlebelt Roads in the Southwest 1/4 of Section 12 from AG to C-2. 15387 Mr. McCann: We need a motion to remove this petition from the table. On a motion duly made by Mr. Piercecchi, seconded by Mr. Walsh and unanimously approved, it was #2-24-97 RESOLVED that, Petition 96-11-1-24 by Marvin Walkon, agent for Rest Haven Memorial Park, Inc., requesting to rezone property located on the northeast corner of Six Mile and Middlebelt Roads in the Southwest 1/4 of Section 12 from AG to C-2, be taken from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: Mr. Nagy, is there any new correspondence? Mr. Nagy: There is no new correspondence. Mr. McCann: This is a pending item that we studied on several occasions. Is there any discussion from the Planning Commission? Mr. Walsh: Mr. Chairman, I would just like to indicate that for those Commissioners that were absent in December, I had moved that this �.. be tabled because this is one of our last pieces of vacant land, and at the time there would have been only three Commissioners voting for this so despite the unfortunate delay to the petitioner, I felt it was important for all of us to consider it. Mr. Piercecchi: Mr. Walkon, you realize that by just doing that corner, it presents very difficult planning to finish off that six and one-half acres. You only wanted two acres of that. I think the Planning Commission would really prefer, and I am speaking for myself, a much more comprehensive plan that would take in more than the two acres, and the thing that really confuses me Mr. Walkon is you requested C-2 for a drug store that only requires C-1. That troubles me very much because we know that plans change and something could happen. Walgreen could change their mind and we would have C-2 there. C- 2 opens up to motorcycle sales and repairs, pawn shops, second hand stores, garages, lawnmower repairs, billiard rooms, bowling alleys, and I don't think that would be good for a corner that has so much traffic on it. If anything, I don't look at your petition in the affirmative partly because of the C-2. Is there any reason why you wanted C-2? 15388 Mr. Walkon: The reason we needed a C-2 is because of the way the property is laid out and the flood plain. We are asking for rezoning of only a portion at this point. We are asking for approximately two acres of rezoning. r.. The other property, right now, is going to be remaining agriculture. At another date the Planning Commission will have the opportunity to review any other uses for any other portion of that property. We are not asking for that today. I think your point is well taken as far as C-1 and C-2, and because of the way the land is laid out and the setbacks that are required, we require C-2. Let me address the problem, what I think the real issue is. Your concern is what happens if Walgreen doesn't go there and we end up with a gas station, a pool room, a bar, a transmission, automotive use, and I understand that problem. So we are going to say, and I understand about speaking on the record in front of the Planning Commission, we have had a history of making a promise, that two acres if rezoned would only be used for a Walgreens. It won't be for a car wash or pool room, automotive use, fast-food restaurant. Mr. Piercecchi: My point is Mr. Walkon is if you are so sure it is going to be a drug store, why can't it be a C-1? Mr. Walkon: Because of the setbacks. I think Mr. Roskelly can explain the setbacks, or Mr. Nagy can, better than I can. ``" Mr. Nagy: The front yard setback requirements for C-1, which is local retail, those local retail units tend to be in closer proximity to residential areas, and the zoning ordinance requires that the buildings must be set back further from the road, 75 feet, whereas general commercial, which are found in more of the traditional business areas of the community, those buildings only have to be set back 60 feet, so there is a difference in the setback. I think the point Mr. Walkon is trying to make is because of the back area of the site being impacted by the flood plain area, as you get to the extremities of the property along either Middlebelt or along Six Mile Road, that the shallowness, because of the constraint of the flood plain coming into play, makes a difference in trying to adequately site a building on the property with a 60 foot setback versus a 75 foot setback. William Roskelly: If this is a drive-in facility, does that not require a C-2 zoning? Mr. Nagy: No. If it was a drive-in restaurant where food was to be disseminated in ready to eat form, then it would require C-2, but if they are coming up for prescription drugs or other retail items not to be consumed, C- I would still be sufficient. 15389 Mr. Roskelly: Then I would confirm that the only other reason is the setbacks. There is a great amount of land out of this parcel that is in the Tarabusi 100 year flood plain area. I would sort of plead and implore that you find it desirable as a C-2 and I too can attest to it. I realize you can't rezone contingent upon, but perhaps if there is some deed restriction that could be required. In other words I, like Mr. Walkon, certainly can stand here and say it is going to be a Walgreen Drug Store. Perhaps that isn't enough but whatever you can do would be appreciated. Mr. Piercecchi: Things happen Mr. Roskelly. They could back out. We do not have contract zoning in Michigan. I understand several states do, and I think we should look into that Mr. Chairman. Mr. McCann: Mr. Roskelly, probably you were the designer of the proposed site plan? Mr. Roskelly: I was involved in the layout of the engineering, etc. but this action came from Mr. Seigfreid, who was going to be here tonight, the architect from Illinois, but unfortunately his partner had a terrible accident and he had to race home. I do have an updated engineering site plan. I don't know if that even pertains to the fact that this is a rezoning situation. Mr. McCann: What proposed setback is current? Steve Murphy, 3000 Springcreek Road, Rockford, Illinois: I am one of the owners of the proposed project and its developer. I am not positive but they are looking that up right now. The reason we went with the C-2 zoning request was because of the pick-up window. Now in a C-1 if a pharmacy is allowed and a pick-up window is allowed, and it is a 75 foot setback, if we can park in it and go with a 10 foot green area, we will go with a C-1 but they are checking that right now. Mr. McCann: Did the staff look at that issue? Mr. Nagy: They did look at it and the building would comply with the C-1 setback requirements and we already commented on the fact that a drive-up window for prescription drugs would still meet the standards of the C-1 district. Mr. Murphy: I know the Walgreen concept is new. It is similar to a Rite Aid. The only thing you can do at the pick-up window is pick up. You can pull up, drop off your prescription and leave. The only thing dispensed is pre-ordered pharmaceutical. No aspirins, nothing else. 15390 Mr. McCann: If there is no further discussion, a motion is in order. Mr. Alanskas: I am going to offer a denying resolution. I would like to explain why. On that particular corner we have so much traffic in the area now. I know there is C-2 on the three corners but I think it would just be in conflict with the Future Land Use Plan so I am going to recommend a denying resolution. On a motion duly made by Mr. Alanskas, it was RESOLVED that, pursuant to a Public Hearing having been held on December 10, 1996 on Petition 96-11-1-24 by Marvin Walkon, agent for Rest Haven Memorial Park, Inc., requesting to rezone property located on the northeast corner of Six Mile and Middlebelt Roads in the Southwest 1/4 of Section 12 from AG to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 96-11-1-24 be denied for the following reasons: 1) That the proposed change of zoning is in conflict with the Future Land Use Plan which designates the subject land as "Community Service" as opposed to "Commercial"; 2) That the proposed change of zoning will provide for additional commercial uses which are not needed in the area to serve the surrounding community; Now 3) That the proposed change of zoning will provide for an unacceptable increase in vehicular traffic in area; 4) That the proposed change of zoning would encourage the expansion of commercial zoning on adjacent properties in the area; and 5) That the proposed change of zoning does not provide for a more comprehensive zoning plan for the subject property plus adjacent vacant property. Mr. McCann, Chairman, declared the motion failed for lack of support. Mr. Piercecchi: Inasmuch as my major concern is C-1 and let's face it sooner or later this property is going to get built up, and the petitioner will accept C-1, I will make a motion to approve. Hopefully that will set a trend for the other 4 1/2 acres. I am sure the City Council wants what is best for the City as we do. On a motion duly made by Mr. Piercecchi and seconded by Mrs. Blomberg, it was 15391 #2-25-97 RESOLVED that, pursuant to a Public Hearing having been held on December 10, 1996 on Petition 96-11-1-24 by Marvin Walkon, agent for Rest Haven Memorial Park, Inc., requesting to rezone property located on the northeast corner of Six Mile and Middlebelt Roads in the Southwest 1/4 of Section 12 from AG to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 96-11-1-24 as amended to C-1, be approved for the following reasons: 1) That the proposed change of zoning will provide for the use of property which has been vacant for a long period of time; 2) That the proposed change of zoning will provide additional commercial services to serve surrounding neighborhoods; 3) That it is unlikely that the subject land area will ever be used for cemetery purposes; and 4) That the proposed zoning is consistent with the use of similar situated properties in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance#543, as amended. `'"' Mr. Piercecchi: I just want to say I agree we don't need another drug store. When I was a kid we had gas stations on every corner. Now we have drug stores and pharmacies on every corner. I guess that is a sign of the times. Mr. Walsh: Commercial is the proper zoning for that property but I am not going to question their business decision of a drug store there and I will support this. Mrs. Blomberg: I would like to mention on that corner basically I see it fitting in. It goes with the flow as far as what is already there. I don't see anything else that would be proper planning. Besides C-1 would be better. Mr. McCann: My concern is Middlebelt Road has been a problem in that there has been a lot of vacancies along that area. There needs to be some revitalization in the southeast corner. There have been complaints from many of the store mall owners along the Middlebelt corridor that they have had vacancies and that they need to go to C-2 to get those vacancies filled, that we have a tremendous amount of commercial going up and down Middlebelt Road. I think there are more appropriate zoning classifications for that corner than commercial. 4.. 15392 A roll call vote on the foregoing resolution resulted in the following: AYES: Piercecchi, Blomberg, Walsh NAYS: Alanskas, McCann ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is approval of the minutes of the 737th Regular Meeting & Public Hearings held on January 21, 1997. On a motion duly made by Mr. Alanskas, seconded by Mrs. Blomberg and unanimously approved, #2-26-96 RESOLVED that, the minutes of the 737th Regular Meeting& Public Hearings held by the City Planning Commission on January 21, 1997 are approved. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Revision to Petition `kw 92-6-8-8 by DiComo Associates, Inc., on behalf of the Italian-American Club of Livonia, requesting approval to amend the site plan which was approved in connection with this petition and approval of a ground sign for property located at 39200 Five Mile Road in the Southwest 1/4 of Section 18. Mr. Nagy: We have a letter from the petitioner dated February 4, 1997 addressing Petition 92-6-8-8 which reads: Dear Chairman McCann: Please be advised that the Italian American Club of Livonia wishes to withdraw the request for site plan approval for additional parking. We feel that our parking needs are sufficient, because of the mutual parking agreement with Holy Trinity Church. We still wish to seek approval for the monument identification sign on Five Mile Road. Therefore, we request that the Planning Commission consider the sign approval at the regular meeting on February 4, 1997. The letter was signed by Charles Tangora of the Italian American Club of Livonia. Mr. McCann: We will move forward on the monument sign only. Mr. Miller: This site is on the north side of Five Mile Road between 1-275 and Knolson Avenue. What they are proposing is a monument sign that will be on the southeast corner of the site. They are allowed one 15393 ground sign at 30 square feet. They are proposing 16 square feet so the ground sign is conforming. Also, at the study meeting the petitioner explained that the materials on the ground sign will match the materials on the original clubhouse so it should look fairly similar to the clubhouse. On a motion duly made by Mr. Walsh, seconded by Alanskas and unanimously approved, it was #2-27-97 RESOLVED that, the City Planning Commission does hereby approve the ground sign for the Italian-American Club of Livonia located at 39200 Five Mile Road in the Southwest 1/4 of Section 18, subject to the following conditions: 1) That the Sign Package as received by the Planning Commission on December 23, 1996, is hereby approved and shall be adhered to; 2) That the signage shall not be illuminated beyond one (1) hour after the banquet facility closes. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is a revision to Petition 94-8-8-15 by J. D. Dinan Company, on behalf of the James Town Offices, requesting approval to amend the site plan which was approved in connection with this petition for property located at 37777 Pembroke Street in the Southeast 1/4 of Section 6. Mr. Miller: On the site plan that was approved for the construction of this building it showed a five foot concrete walkway along the Pembroke property line. What the petitioner would like to do is delay installation of that sidewalk until the properties adjacent to it are developed so that sidewalks for those properties would also be installed so it would be a useful type of walkway. The petitioner believes that no one would use these sidewalks because they would lead to nowhere. They would like to at this time delay it until the adjoining properties are developed. On a motion duly made by Mr. Alanskas, seconded by Mrs. Blomberg and unanimously approved, it was #2-28-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the revision to Petition 94-8-8-15 by J. D. Dinan Company, on behalf of the James Town Offices, requesting approval to amend the site plan which was approved in connection with this petition for property 15394 located at 37777 Pembroke Street in the Southeast 1/4 of Section 6, be approved subject to the following condition: 1) That the request to waive the sidewalk for this site is hereby approved for a period of two (2) years only, and thereafter the matter shall be brought back for further review. for the following reason: 1) That omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is revision to Petition 94- 1-2-3 by Andrew Flores, on behalf of the Dearborn Federal Credit Union, requesting approval to amend the site plan which was approved in connection with this petition for property located at 37373 Seven Mile Road in the Northwest 1/4 of Section 8. Mr. Miller: There is a teller type of drive that goes around the site and you have the teller base with the teller windows and then there is a one way drive out. There is no entrance into the site off Seven Mile Road and there are two drives off Newburgh into the parking lot. These are the only two drives that permit access to the parking lot. What the petitioner is proposing is a drive off Seven Mile Road that would be a one-way drive into the site. This would be one way. You would still have the drive-thru traffic. You would still have these two drives into the parking lot but it permits a drive off Seven Mile Road. (Mr. Miller presented the landscape plan) All existing trees that would be taken up by the drive would be transplanted elsewhere so you would be losing no landscaping on the site. Also, you have a large berm here that divides the site from the residential district. That would be untouched by this new drive so that will stay the same as it is now and would offer a buffer between them and the residential district. Mr. Piercecchi: How will they guarantee that is only one way coming off Seven Mile Road? Mr. Miller: They show on the plan that there will be signs posted that say"One Way - Do Not Enter". There isn't any sign to explain this is a drive but there will be signs that say"Do Not Block Entrance". 15395 Mr. Piercecchi: Well they are going to need another sign. They have small signs, if memory serves me right, to get into the drive-in windows. They are probably going to have to request another sign. Mr. McCann: John, anything new? Mr. Nagy: We have some correspondence. The Fire Marshal indicates his office has no objections to them constructing a new drive. The Traffic Bureau indicates they have no objections to the construction of a new drive as indicated on the revised site plans. They included a copy of correspondence which they recently forwarded to the Traffic Commission, which addresses other concerns with respect to traffic safety on Newburgh Road south of 7 Mile. The Traffic Commission meeting is scheduled for February 13, 1997. Should the recommendations addressed be approved as requested, I believe it should be beneficial for the Credit Union to have an advanced advisory sign within the parking lot directing patrons that all left turns onto Newburgh Road must be completed at the south drive. Mr. McCann: A motion is in order. Mr. Alanskas: I think by doing that it is really stopping a bottleneck as far as problems in the area. On a motion duly made by Mr. Alanskas, seconded by Mrs. Blomberg and unanimously approved, it was #2-29-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the revision to Petition 94-1-2-3 by Andrew Flores, on behalf of the Dearborn Federal Credit Union, requesting approval to amend the site plan which was approved in connection with this petition for property located at 37373 Seven Mile Road in he Northwest 1/4 of Section 8, be approved subject to the following conditions: 1) That the Site Plan marked 02 dated January 3, 1997 prepared by Beckett and Raeder, Inc., is hereby approved and shall be adhered to; 2) That the Landscape Plan marked 02 dated January 3, 1997 prepared by Beckett and Raeder, Inc., is hereby approved and shall be adhered to; 3) That all disturbed lawn areas shall be sodded or hydroseeded; 4) That the petitioner shall meet, to the Department of Public Safety's satisfaction, the following requirement as outlined in the correspondence from the Traffic Bureau dated January 29, 1997: 15396 That directional signs shall be erected within the credit union's parking lot advising patrons that all left turns onto Newburgh Road must be completed using the south drive and left turns via the north drive are prohibited. 5) That all directional signs shall comply with Section 18.50D(i) of the Zoning Ordinance. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Sign Permit Application by Samiha Nassar, on behalf of Sunoco, requesting approval for a ground sign for the gas station located at 28651 Plymouth Road in the Northwest 1/4 of Section 36. Mr. Miller: This is a Sunoco gas station that is located on the south side of Plymouth Road between Harrison and Garden. It is located next to the Wonderland Bowling Alley. What they are proposing is a 40 sq. ft. goal post type of sign for the northwest corner of the site. A gas station, if they include pricing information on their sign, is allowed 40 sq. ft. That is what they are proposing. They are also allowed 12 ft. in height and that is what they are proposing so it is a conforming ground sign. Also, at this area there is an existing ground sign. That will be removed. Also, because there is pricing on this sign, any type of pricing located on the canopy will have to be removed, and the petitioner has agreed to do that. Mr. McCann: A motion is in order. On a motion duly made by Mrs. Blomberg, seconded by Mr. Piercecchi and unanimously approved, it was #2-30-97 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Samiha Nassar, on behalf of Sunoco, requesting approval for a ground sign for the gas station located at 28651 Plymouth Road in the Northwest 1/4 of Section 36, be approved subject to the following conditions: 1) That the Sign Package as received by the Planning Commission on December 30, 1996, is hereby approved and shall be adhered to; 2) That upon the erection of the new ground sign all pricing information shall be removed from the gas pump island canopy. 15397 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution `.. adopted. On a motion duly made, seconded and unanimously adopted, the 738th Regular Meeting & Public Hearings held on February 4, 1997 was adjourned at 8:55 p.m. CITY PLANNING COMMISSION N ' f( * Robert Alanskas, Secretary ATTEST: ..._ ! ( James C. McCann, Chairman Naar Jg